Jones v. Jenkins et al

Filing 12

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/20/2012. Plaintiff shall inform Court within 30 days whether wishes his case to be re-opened, defendants to be served, and this matter to proceed. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN JONES,

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Plaintiff,

No. CIV S-09-1373 GGH P

vs.
CHRISTOPHER JENKINS, et al.,
Defendants.

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ORDER
/

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By order filed on August 20, 2009, this prisoner civil rights action proceeding on

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plaintiff’s claims of excessive force against the defendants was dismissed without prejudice for

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plaintiff’s failure to respond to the court’s order to complete and return the forms and documents

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required for service to be effected upon the defendants. However, it has very belatedly come to

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the court’s attention that plaintiff had, in fact, apparently timely submitted the required

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documents for service, that is, in mail metered on June 22, 2009, in response to a June 10, 2009

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order, but the prison failed to deliver the metered mail to the court until April 17, 2012.

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Notwithstanding the fact that this action was dismissed on an erroneous premise,

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plaintiff failed to so notify the court in any subsequent filing or to otherwise seek to proceed in

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this case. Therefore, although more than two and half years have passed, plaintiff will now be

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directed to inform the court whether he would like the instant case to be re-opened and for this

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matter to proceed.
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Accordingly, IT IS HEREBY ORDERED that plaintiff inform this court within

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thirty days whether he wishes for his case to be re-opened, defendants to be served and this

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matter proceed.

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DATED: April 20, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:009
jone1373.ord

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