Farley v. Virga, et al
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEONARD FARLEY,
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Plaintiff,
No. 2:11-cv-1830 KJN P
vs.
TIM VIRGA, et al.,
Defendants.
ORDER
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Plaintiff is a state prisoner, proceeding without counsel. By order filed December
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27, 2011, plaintiff was directed to complete and return documents for service of process on
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defendants Tim Virga, V. Mini, Dr. Bal, Dr. Sahota, J. Lizarraga, and C. Cannedy. On February
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8, 2012, the court issued an order to show cause why this case should not be dismissed based on
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plaintiff’s failure to comply with the December 27, 2011 order.
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Plaintiff has now provided a statement by a correctional officer that plaintiff’s
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January 15, 2012 envelope addressed to the court, and containing about three inches of material,
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was returned as damaged. (Dkt. No. 17 at 3.) Although the documents were re-sealed and sent
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back out, the court has not received them. Good cause appearing, plaintiff will be provided a
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second set of the materials, and granted an extension of time in which to submit the forms
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required for service of process.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The February 8, 2012 order to show cause is discharged;
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2. Plaintiff is granted thirty days in which to submit the forms and documents
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required by this court’s December 27, 2011 order;
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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;
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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:
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a. The completed Notice of Submission of Documents;
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b. One completed summons;
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c. One completed USM-285 form for defendants Tim Virga, V. Mini, Dr.
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Bal, Dr. Sahota, J. Lizarraga, and C. Cannedy; and
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d. Seven copies of the endorsed amended complaint filed October 25,
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2011.
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DATED: February 24, 2012
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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farl1830.res
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEONARD FARLEY,
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Plaintiff,
No. 2:11-cv-1830 KJN P
vs.
TIM VIRGA, et al.,
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NOTICE OF SUBMISSION
Defendants.
OF DOCUMENTS
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Plaintiff hereby submits the following documents in compliance with the court's
order filed
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completed summons form
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completed USM-285 forms
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copies of the
Amended Complaint
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DATED:
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Plaintiff
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