Farley v. Virga, et al

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/2012 ORDERING that the 15 Order to Show Cause is DISCHARGED; plaintiff is granted 30 days to submit the forms and documents required by this court's 12/27/11 order; the clerk to send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. (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 LEONARD FARLEY, 11 12 13 14 15 16 Plaintiff, No. 2:11-cv-1830 KJN P vs. TIM VIRGA, et al., Defendants. ORDER / Plaintiff is a state prisoner, proceeding without counsel. By order filed December 17 27, 2011, plaintiff was directed to complete and return documents for service of process on 18 defendants Tim Virga, V. Mini, Dr. Bal, Dr. Sahota, J. Lizarraga, and C. Cannedy. On February 19 8, 2012, the court issued an order to show cause why this case should not be dismissed based on 20 plaintiff’s failure to comply with the December 27, 2011 order. 21 Plaintiff has now provided a statement by a correctional officer that plaintiff’s 22 January 15, 2012 envelope addressed to the court, and containing about three inches of material, 23 was returned as damaged. (Dkt. No. 17 at 3.) Although the documents were re-sealed and sent 24 back out, the court has not received them. Good cause appearing, plaintiff will be provided a 25 second set of the materials, and granted an extension of time in which to submit the forms 26 required for service of process. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The February 8, 2012 order to show cause is discharged; 3 2. Plaintiff is granted thirty days in which to submit the forms and documents 4 required by this court’s December 27, 2011 order; 5 6 3. The Clerk of the Court shall send plaintiff six USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed October 25, 2011; 7 8 4. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court: 9 a. The completed Notice of Submission of Documents; 10 b. One completed summons; 11 c. One completed USM-285 form for defendants Tim Virga, V. Mini, Dr. 12 Bal, Dr. Sahota, J. Lizarraga, and C. Cannedy; and 13 d. Seven copies of the endorsed amended complaint filed October 25, 14 2011. 15 DATED: February 24, 2012 16 17 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 18 19 farl1830.res 20 21 22 23 24 25 26 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEONARD FARLEY, 11 12 13 Plaintiff, No. 2:11-cv-1830 KJN P vs. TIM VIRGA, et al., 14 NOTICE OF SUBMISSION Defendants. OF DOCUMENTS 15 / 16 17 Plaintiff hereby submits the following documents in compliance with the court's order filed : 18 completed summons form 19 completed USM-285 forms 20 copies of the Amended Complaint 21 DATED: 22 23 Plaintiff 24 25 26

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