Tanksley v. CDC-Salinas et al

Filing 30

ORDER signed by Magistrate Judge Craig M. Kellison on 10/01/09 granting 29 Motion for Reconsideration. The judgment 27 entered on 08/28/09 and the order 26 issued that same date are herebye vacated and this action is reopened. The court autho rizes service on the following defendants: Aranda, Wills, Beam, Sullivan, Biaggini, Munzi and Jones. The clerk of the court shall send plaintiff 1 USM-285 form for each defendant identified, 1 summons, instruction sheet and a copy of the second amended complaint to be completed and returned within 30 days. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /// 1 vs. ARANDA, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. This case was dismissed and judgment was entered on August 28, 2009, following plaintiff's failure to fully comply with the court's order to submit documents for service of the action by the United States Marshal. Pending before the court is plaintiff's motion for reconsideration (Doc. 29). Good cause appearing therefor, and in the interest of justice, the court will vacate the judgment and dismissal order and re-open this action. Plaintiff will be provided another opportunity to submit the required service documents. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's motion for reconsideration (Doc. 29) is granted; MOODY W. TANKSLEY, Plaintiff, ORDER No. CIV S-08-2881-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

2.

The judgment entered on August 28, 2009, and the order issued that same

date, are hereby vacated and this action is re-opened; 3. The court authorizes service on the following defendant(s): ARANDA; WILLS; BEAM; SULLIVAN; BIAGGINI; MUNZI; and JONES; 4. The Clerk of the Court shall send plaintiff one USM-285 form for each

defendant identified above, one summons, an instruction sheet, and a copy of the second amended complaint; and 5. Within 30 days of the date of service of this order, plaintiff shall complete

the attached Notice of Submission of Documents and submit the following documents to the court: a. b. c. d. The completed Notice of Submission of Documents; One completed summons; Seven completed USM-285 form(s); and Eight copies of the endorsed second amended complaint.

DATED: October 1, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 DATED: __________________ ____________________________________ Plaintiff order: 1 completed summons form; completed USM-285 form(s); and copies of the second amended complaint. / NOTICE OF SUBMISSION OF DOCUMENTS Plaintiff hereby submits the following documents in compliance with the court's vs. ARANDA, et al., Defendants. MOODY W. TANKSLEY, Plaintiff, No. CIV S-08-2881-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA