Cooper v. Heatley et al

Filing 13

ORDER signed by Magistrate Judge Dale A. Drozd on 3/20/2013 VACATING 8 findings and recommendations filed on 1/29/13; the Clerk shall provide plaintiff with 3 USM-285 Forms to be completed and returned within 30 days, along with the Notice of Submission. (Yin, K)

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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 GOLDYN COOPER, 11 Plaintiff, 12 No. 2:12-cv-00602 KJM DAD P vs. 13 SCOTT HEATLEY, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. On January 29, 2013, the court issued findings and recommendations 18 recommending that this action be dismissed due to plaintiff’s failure to submit the USM-285 19 forms, completed summons and four copies of the endorsed complaint pursuant to the court’s 20 order filed December 20, 2012. (Doc. No. 8.) On March 12, 2013, plaintiff his filed objections 21 to those findings and recommendation, after receiving an extension of time to do so, a completed 22 summons and copies of his complaint. However, plaintiff did not submit the three USM-285 23 forms. The court will vacate the December 20, 2012 findings and recommendations and provide 24 plaintiff with a final opportunity to submit the required USM-285 forms as previously ordered. 25 ///// 26 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed on January 29, 2013, are vacated; 3 2. The Clerk of the Court is directed to provide plaintiff with three USM-285 4 forms; 5 6 3. Within thirty days, plaintiff shall complete the attached Notice of Submission of Documents and submit the three completed USM-285 forms, one for each defendant; and 7 4. Plaintiff failure to comply with this order within the specified time period will 8 result in a recommendation that this action be dismissed. 9 DATED: March 20, 2013. 10 11 12 13 14 DAD:4 coop602.8f 15 16 17 18 19 20 21 22 23 24 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 GOLDYN COOPER, 11 12 13 Plaintiff, No. 2:12-cv-00602 KJM DAD P vs. SCOTT HEATLEY, et al, 14 NOTICE OF SUBMISSION Defendants. OF DOCUMENTS 15 / 16 17 Plaintiff hereby submits the following documents in compliance with the court’s order filed : 18 19 [#] completed USM-285 forms 20 21 DATED: . 22 23 Plaintiff 24 25 26

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