Xavier v. Roche et al

Filing 44

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/28/2013 ORDERING that the 42 findings and recommendations are VACATED; the Clerk to send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. ( 1 Summons, 2 USM-285 Forms and an instruction sheet served on plaintiff's counsel, A. Bolanos.) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY R. XAVIER,

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Plaintiff,

No. 2:09-cv-0783 LKK CKD P

vs.
M. FRENCH, et al.,
Defendants.

ORDER
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Plaintiff, a state prisoner proceeding with counsel, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. On December 19, 2012, the undersigned filed findings

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and a recommendation that this action be dismissed pursuant to Rule 41(b) of the Federal Rules

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of Civil Procedure, as plaintiff failed to respond to an order to show cause. (Dkt. No. 42.)

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Plaintiff has filed objections to the findings and recommendations. (Dkt. No. 43.) These

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objections do not address why plaintiff failed to show cause within 30 days as required by the

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November 8, 2012 order. See Local Rule 110; Fed. R. Civ. P. 41(b).

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However, in light of plaintiff’s objections, the court will vacate its

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recommendation of dismissal and grant plaintiff an additional 30 days to submit service

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documents for defendants. If plaintiff fails to do so, the undersigned will once again recommend

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dismissal of this action. No further extensions of time will be granted.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations dated December 19, 2012 (Dkt. No. 42),

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are VACATED;

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2. The Clerk of Court shall send plaintiff two USM-285 forms, one summons,
and an instruction sheet; and

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3. Within thirty days from the date of this order, plaintiff shall complete the
attached Notice of Submission of Documents and submit the following documents to the court:

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a. The completed Notice of Submission of Documents;

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b. One completed summons;

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c. Two USM-285 forms; and

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d. Three copies of the endorsed complaint filed September 1, 2011.

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Dated: January 28, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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xavi0783.vac2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY R. XAVIER,

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Plaintiff,
vs.
M. FRENCH, et al.,

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Defendants.

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NOTICE OF SUBMISSION
/

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No. 2:09-cv-0783 LKK CKD P

OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's
order filed

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.
One

completed summons

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completed USM-285 forms

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copies of the

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Complaint/Amended Complaint

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DATED:

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Plaintiff
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