Polk v. Besenaiz et al

Filing 13

ORDER signed by Magistrate Judge John F. Moulds on 3/9/12 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for R. Besenaiz, K. Daly. Clerk to send plaintiff: 1 Summons, 2 USM-285 Forms, and 1 copy of the Complaint filed on 10/27/11. The 10 Findings and Recommendations are VACATED; 12 Motion for Extension is DENIED as unnecessary.(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 MAURICE R. POLK, 11 12 Plaintiff, No. 2:11-cv-2842 LKK JFM (PC) vs. 13 C/O R. BESENAIZ, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. By an order filed December 23, 2011, this court ordered plaintiff to complete 18 and return to the court, within thirty days, the USM-285 forms necessary to effect service on 19 defendants. That thirty day period expired and plaintiff neither complied with the order nor 20 requested an extension of time to do so. For that reason, on February 23, 2012, this court issued 21 findings and recommendations recommending that this action be dismissed without prejudice. 22 See Fed. R. Civ. P. 41(b). 23 On March 1, 2012, plaintiff filed a motion for extension of time to file objections 24 to the findings and recommendations. Therein, plaintiff avers that he delivered the required 25 forms to prison officials for mailing on January 13, 2012, and that he is pursuing administrative 26 remedies within the prison to determine what happened to the forms. 1 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 23, 2012 are vacated; 3 2. The Clerk of the Court shall send plaintiff a copy of the court’s December 23, 4 2011 order, two USM-285 forms, one summons, an instruction sheet and a copy of the complaint 5 filed October 27, 2011. 6 7 3. 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: 8 a. The completed Notice of Submission of Documents; 9 b. One completed summons; 10 c. One completed USM-285 form for whom the court determined in the 11 December 23, 2011 order that service was appropriate; and 12 d. Three copies of the endorsed complaint filed October 27, 2011. 13 4. Plaintiff need not attempt service on defendants and need not request waiver of 14 service. Upon receipt of the above-described documents, the court will direct the United States 15 Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 16 without payment of costs. 17 5. Plaintiff’s March 1, 2012 motion for extension of time is denied as 18 unnecessary. 19 DATED: March 9, 2012. 20 21 22 23 24 12 polk2842.vac 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 MAURICE R. POLK, 11 12 Plaintiff, No. 2:11-cv-2842 LKK JFM (PC) vs. 13 C/O R. BESENAIZ, et al., 14 Defendants. 15 OF DOCUMENTS ____________________________________/ 16 17 NOTICE OF SUBMISSION 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 Complaint 21 DATED: 22 23 Plaintiff 24 25 26

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