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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMMY R. QUAIR, SR., 12 13 14 No. 2:11-cv-2293 JAM CKD P Plaintiff, v. ORDER GERTZ, et al., 15 Defendants. 16 17 Defendants Foster and Gray have answered the First Amended Complaint (“FAC”) and 18 filed a motion for summary judgment. Review of the docket indicates that defendant Young has 19 not been served. (See ECF No. 118) (determining that the FAC states failure-to-protect claims 20 against defendants Young, Gray, and Foster). Good cause appearing, the court will order plaintiff 21 to re-submit service documents for Young so that this defendant may be served as soon as 22 practicable. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, an 25 26 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 27 Notice of Submission of Documents and submit the following documents to the court: 28 a. The completed Notice of Submission of Documents; 1 1 b. One completed summons; 2 c. One completed USM-285 form for defendant Young; and 3 d. One copy of the endorsed amended complaint filed February 1, 2016; 4 3. Upon receipt of the above-described documents, the court will direct the United States 5 Marshal to serve defendant Young pursuant to Federal Rule of Civil Procedure 4 without 6 payment of costs. 7 Dated: April 25, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 2 / quai2293.young 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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