Quair v. Gertz

Filing 137

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/25/17 ordering the clerk of the court shall send plaintiff 1 USM-285 form, 1 summons, instruction sheet and a copy of the 2/01/16 amended complaint to be completed and returned with the notice of submission of documents within 30 days from the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMMY R. QUAIR, SR.,

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No. 2:11-cv-2293 JAM CKD P

Plaintiff,
v.

ORDER

GERTZ, et al.,

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Defendants.

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Defendants Foster and Gray have answered the First Amended Complaint (“FAC”) and

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filed a motion for summary judgment. Review of the docket indicates that defendant Young has

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not been served. (See ECF No. 118) (determining that the FAC states failure-to-protect claims

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against defendants Young, Gray, and Foster). Good cause appearing, the court will order plaintiff

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to re-submit service documents for Young so that this defendant may be served as soon as

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practicable.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, an

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instruction sheet and a copy of the amended complaint filed February 1, 2016;
2. Within thirty days from the date of this order, plaintiff shall complete the attached

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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 defendant Young; and

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d. One copy of the endorsed amended complaint filed February 1, 2016;

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3. Upon receipt of the above-described documents, the court will direct the United States

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Marshal to serve defendant Young pursuant to Federal Rule of Civil Procedure 4 without

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payment of costs.

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Dated: April 25, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / quai2293.young

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