Hughes v. California Department of Corrections and Rehabilitation et al

Filing 26

ORDER signed by Magistrate Judge Dale A. Drozd on 11/19/2012 GRANTING plaintiff's 25 motion for an extension of time; the Clerk to re-serve plaintiff the court's 10/16/12 order along with the service documents; plaintiff has 30 days to submit the Notice of Submission with the necessary documents for service. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BERNARD HUGHES, 11 Plaintiff, 12 13 No. 2:11-cv-00530-DAD P vs. CALIFORNIA DEP’T OF CORRECTIONS AND REHABILITATION, et al., 14 Defendants. 15 16 ORDER / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. As indicated in the order filed October 16, 2012 order, the court has 18 determined that plaintiff had stated a cognizable Eighth Amendment medical care claim against 19 defendants Lawrence Fong, Dr. Malet, Dr. S. Awattani and M. Street. Plaintiff was ordered to 20 submit a USM-185 form for each of the defendants, a summons and copies of his amended 21 complaint. Before the court is plaintiff’s November 13, 2012 request for an extension of time to 22 comply with the court’s October 16, 2012 order. In addition, plaintiff requests that the court 23 once again provide him with the documents required in order for the defendants to be served. In 24 his motion plaintiff explains that he has recently been transferred to a different prison and 25 currently has no access to his legal materials. Good cause appearing, IT IS HEREBY 26 ORDERED that: 1 1 2 1. Plaintiff’s November 13, 2012 motion for an extension of time (Doc. No. 25) is granted; 3 2. The Clerk of the Court is directed to re-serve plaintiff with the court’s October 4 16, 2012 order (Doc. No. 24), four USM-285 forms, one summons, an instruction sheet and a 5 copy of the amended complaint filed July 11, 2011; 6 3. Plaintiff is granted thirty days from the date of this order in which to submit 7 the Notice of Submission of Documents and the documents necessary for service pursuant to the 8 court’s October 16, 2012 order. 9 DATED: November 19, 2012. 10 11 12 13 14 DAD:md/4 hugh0530.36usm 15 16 17 18 19 20 21 22 23 24 25 26 2

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