Sargent v. Statti

Filing 41

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/1/09 ORDERING that pltf's 40 request (motion) that dft Mendonca be identified as an additional dft appropriate for service is GRANTED, as is his request for an additional USM-285 form; the clerk to provide pltf w/ an additional USM-285 form; and the deadline for pltf to return a properly completed USM-285 form for dft Statti set forth in the 9/17/09 order and REMAINS IN EFFECT. (Yin, K)

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 vs. P. STATTI, Defendant. / Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. By Order, filed on August 7, 2009, this court found plaintiff's first amended complaint appropriate for service upon thirteen defendants. However, as plaintiff has pointed out in his September 25, 2009, request for an additional USM-285 form (in the form of a letter to the Clerk of the Court which the Clerk has construed as a motion), a fourteenth defendant was omitted. Therefore, the court now finds the first amended complaint also appropriate for service upon defendant Mendonca. Plaintiff has already submitted a USM-285 form for this defendant, but maintains that is the reason he neglected to provide such a form for defendant P. Statti, who had been found by the court as appropriate for service. Plaintiff seeks another USM-285 form in order to comply with the Order, filed on September 17, 2009, requiring plaintiff to fill out the form for defendant Statti in order to effect service. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CLARENCE SARGENT, Plaintiff, No. CIV S-09-1472 GGH P

1 2 3 4 5 6 7 8 9 10 11 285 form; and

Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's request (motion) that defendant Mendonca be identified as an additional defendant appropriate for service (docket # 40) is granted, as is his request for an additional USM-285 form; 2. The Clerk of the Court is directed to provide plaintiff with an additional USM-

3. The deadline for plaintiff to return a properly completed USM-285 form for defendant Statti was set forth by the Order, filed on September 17, 2009 (docket # 37), and remains in effect. DATED: October 1, 2009 /s/ Gregory G. Hollows

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GGH:009 sarg1472.1sup

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE