Shepard v. Borum et al

Filing 58

ORDER Directing Defendants to Correct Service and Extending the Deadline for Parties to Object to Findings and Recommendations signed by Magistrate Judge Jeremy D. Peterson on 03/27/2020. Objections to F&R due within Fourteen-Days. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAMONT SHEPARD, 12 13 14 15 Plaintiff, v. Case No. 1:18-cv-00277-DAD-JDP ORDER DIRECTING DEFENDANTS TO CORRECT SERVICE AND EXTENDING THE DEADLINE FOR PARTIES TO OBJECT TO FINDINGS AND RECOMMENDATIONS M. BORUM, et al., Defendants. OBJECTIONS DUE FOURTEEN DAYS AFTER CORRECTED PROOF OF SERVICE 16 17 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought 18 under 42 U.S.C. § 1983. On March 25, 2020, he notified the court that he had not received 19 defendants’ March 12, 2020, response to the court’s order to show cause. See ECF No. 57. 20 Indeed, defendants’ proof of service appears defective because it shows the wrong address for 21 plaintiff. See ECF No. 52-4. Thus, we direct defendants to correct service and file a new proof of 22 service of their response to the court’s order to show cause. ECF No. 52. 23 The documents in that response were used by the court to evaluate plaintiff’s motion for 24 summary judgment, ECF No. 29, and issue the pending findings and recommendations to deny it, 25 ECF No. 53. Thus, we extend the deadline to file objections to our findings and 26 recommendations until fourteen days after defendants have filed the corrected proof of service. 27 28 1 1 2 IT IS SO ORDERED. 3 Dated: 4 March 27, 2020 UNITED STATES MAGISTRATE JUDGE 5 6 No. 204. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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