O'Keefe v. Cate

Filing 36

ORDER signed by Magistrate Judge Kendall J. Newman on 5/30/12 DENYING without prejudice 35 Motion for an additional USM-285 form. (Dillon, M)

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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 TIMOTHY O’KEEFE, 11 Plaintiff, 12 No. 2:11-cv-2659 KJN P vs. 13 MATTHEW CATE, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action 17 pursuant to 42 U.S.C. § 1983. On March 8, 2012, the undersigned found that plaintiff’s 18 complaint stated a potentially cognizable claim for relief against defendants Governor Brown, 19 Matthew Cate, Chief Psychiatrist and Chief Psychologist. On April 9, 2012, the undersigned 20 directed the U.S. Marshal to serve defendants. 21 Process directed to defendants Chief Psychiatrist and Chief Psychologist was 22 returned unserved because plaintiff had not provided enough information for service. On May 23 11, 2012, plaintiff was granted sixty days to provide additional information for service of these 24 defendants. 25 26 On May 25, 2012, plaintiff filed a motion requesting that the court send him an additional USM-285 form because he believes that there may be two Chief Psychologists. 1 1 Plaintiff is informed that if he wishes to name a new defendant, he must file an amended 2 complaint. 3 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an additional 4 USM-285 form (Dkt. No. 35) is denied without prejudice. 5 DATED: May 30, 2012 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 ok2659.ord 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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