Springfield v. Unknown

Filing 27

ORDER signed by Magistrate Judge Allison Claire on 07/19/13 ordering Plaintiff's first amended complaint is 103 pages in length including exhibits 21 . However, the body of the first amended complaint is compromised of 24 pages. Therefore, p laintiff need only provide to the court, in addition to the copy the court has previously provided to plaintiff, 16 copies of the first 24 pages of his first amended complaint in order for the court to be able to orders service upon the defendants. He must provide only 1 completed summons itself, as well as the completed USM-85 forms. If plaintiff cannot obtain the requisite copies of the first amended complaint by contacting the prison official responsible for ensuring that inmates at plaintif f's institution retain their ability to access the courts, then plaintiff must provide the name and location of any such individual to the court and the reason stated for denying plaintiff's copies. The clerk of the court will also provide plaintiff with information regarding the process and cost for the clerk's office to provide copies of documents.(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 CIRON B. SPRINGFIELD, 12 Plaintiff, 13 14 15 v. No. 2:12-CV-2552 AC P ORDER VISMAL J. SINGH, Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action pursuant 18 to 42 U.S.C. § 1983. As set forth in the Order filed on June 27, 2013 (ECF No. 24), this court 19 found certain of plaintiff’s claims in his first amended complaint to be colorable. However, 20 plaintiff’s conspiracy claims were dismissed with leave to amend within 28 days. Plaintiff was 21 also provided the option to proceed on the amended complaint without delaying service of 22 process by consenting to the dismissal of his claims of conspiracy. ECF No. 24 at 5. Plaintiff 23 was provided the forms necessary for the completion of service of process upon sixteen 24 defendants named in his first amended complaint. Id. Although plaintiff has not yet returned the 25 form indicating his consent to the dismissal of those claims, such consent appears to be implicit in 26 his recent request filed on July 15, 2013. ECF No. 25. Plaintiff states that he is housed at Salinas 27 Valley State Prison Department State Hospital [sic], where there is no access to a paging system, 28 the law library or a copy machine. Id. Plaintiff asks the court to provide the copies necessary 1 1 “for summons.” Id. Plaintiff’s first amended complaint (FAC) is 103 pages in length including 2 exhibits. ECF No. 21. However, the body of the FAC is comprised of 24 pages. Therefore, 3 plaintiff need only provide to the court, in addition to the copy the court has previously provided 4 plaintiff, sixteen copies of the first 24 pages of his FAC in order for the court to be able to order 5 service upon the defendants. He must provide only one completed summons itself, as well as the 6 completed USM-285 forms. 7 If plaintiff cannot obtain the requisite copies of the FAC by contacting the prison official 8 responsible for ensuring that inmates at plaintiff’s institution retain their ability to access the 9 courts, then plaintiff must provide the name and location of any such individual to the court and 10 the reason stated for denying plaintiff’s copies. The Clerk of the Court will also provide plaintiff 11 with information regarding the process and cost for the Clerk’s Office to provide copies of 12 documents. 13 DATED: July 19, 2013 14 15 16 ___________________________________ ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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