McMurtry v. Hu, et al

Filing 16

ORDER signed by Magistrate Judge Dale A. Drozd on 2/25/13 ORDERING that Plaintiffs January 24, 2013 request for a waiver or an extension of time (Doc. No. 15 ) is granted in part; Within thirty days, plaintiff shall submit to the court the three c opies of the January 12, 2012 complaint required to effect service on defendants. Failure to return the copies within the specified time period will result in a recommendation that this action be dismissed; and the Clerk of the Court is directed to return to plaintiff with this order one copy of his endorsed complaint filed on January 12, 2012.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLEY McMURTRY,

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Plaintiff,

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vs.

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No. 2:12-cv00103 DAD P

SALAAM, et al.,

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Defendants.

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ORDER

Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to
42 U.S.C. § 1983.

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By an order filed December 20, 2012, this court ordered plaintiff to complete and

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return to the court, within thirty days, the USM-285 forms and copies of his complaint which are

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required to effect service on the defendants. On January 24, 2013, plaintiff submitted the USM-

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285 forms, one summons and one copy of the complaint, but failed to submit two additional

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copies of his complaint. Plaintiff requests a waiver of the court’s order that plaintiff provide

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three copies of the complaint or an extension of time to obtain the required copies of his

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complaint. The court will grant plaintiff an extension of time to comply with the court’s order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s January 24, 2013 request for a waiver or an extension of time (Doc.

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No. 15) is granted in part;

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2 Within thirty days, plaintiff shall submit to the court the three copies of the

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January 12, 2012 complaint required to effect service on defendants. Failure to return the copies

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within the specified time period will result in a recommendation that this action be dismissed;

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and

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3. The Clerk of the Court is directed to return to plaintiff with this order one copy
of his endorsed complaint filed on January 12, 2012.
DATED: February 25, 2013.

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DAD:kly/4
mcmu0103.8f

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