Isgrigg v. Heynie et al

Filing 19

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/4/2010 VACATING the 16 findings and recommendations; and pltf has 14 days to submit the USM-285 forms to effect service on dfts. (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. R. HEYNIE, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On April 5, 2010, the undersigned issued findings and recommendations that this case be dismissed for plaintiff's failure to complete and return to the court, within twenty-eight days, the USM-285 forms necessary to effect service on defendants pursuant to the court's January 19, 2010 order. Plaintiff filed objections stating that he was unable to submit the forms due to severe mental problems that required him being rehoused without his legal materials. However, plaintiff states that he received his legal material on April 12, 2010. Therefore the court will vacate the findings and recommendations and will provide plaintiff 14 days from the date of service of this order to submit the proper forms as outlined in the court's January 19, 2010 order. \\\\\ 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICHARD L. ISGRIGG, Plaintiff, No. CIV S-09-1905 GEB GGH P

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Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed April 5, 2010, are vacated; and 2. Plaintiff is granted 14 days from the date of service of this order to submit the USM-285 forms necessary to effect service on defendants. DATED: June 4, 2010 /s/ Gregory G. Hollows

7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
GGH: AB isgr1905.vac