Wilson v. Wever et al

Filing 68

ORDER signed by Magistrate Judge Craig M. Kellison on 10/9/12 ORDERING that the August 8, 2012, findings and recommendations are VACATED; Plaintiffs motion for an extension of time 64 to file objections to the August 8, 2012, findings and re commendations is DENIED as unnecessary; The Clerk of the Court shall send plaintiff two USM-285 forms; and within 30 days of the date of this order, plaintiff shall complete the provided USM-285 forms one for each defendant and return them to the court.(Dillon, 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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LEE WILSON,

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No. 2:09-CV-2191-LKK-CMK-P

Plaintiff,
vs.

ORDER

SANDRA LEE WEVER, et al.,
Defendants.
/
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. On August 8, 2012, the court issued findings and recommendations that this

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action be dismissed without prejudice for lack of prosecution and failure to comply with court

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rules and orders. Specifically, as of that date, plaintiff had not submitted documents necessary

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for service of this action by the United States Marshal, as required by the court’s June 26, 2012,

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order. On August 20, 2012, plaintiff filed a motion for additional time to file objections to the

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August 8, 2012, findings and recommendations. On August 27, 2012, plaintiff submitted some,

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but not all, of the documents necessary for service by the United States Marshal. In light of

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plaintiff’s partial compliance with the court’s June 26, 2012, order, the August 8, 2012, findings

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and recommendations will be vacated. Plaintiff will be provided additional time to submit the
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required documentation for service by the United States Marshal. Plaintiff’s motion for an

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extension of time to file objections to the August 8, 2012, findings and recommendations will be

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denied as unnecessary.

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Plaintiff is again cautioned that failure to comply with this order may result in
dismissal of the action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The August 8, 2012, findings and recommendations are vacated;

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2.

Plaintiff’s motion for an extension of time (Doc. 64) to file objections to

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the August 8, 2012, findings and recommendations is denied as unnecessary;

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3.

The Clerk of the Court shall send plaintiff two USM-285 forms; and

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4.

Within 30 days of the date of this order, plaintiff shall complete the

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provided USM-285 forms – one for each defendant – and return them to the court.

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DATED: October 9, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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