Dial v. Heatley et al

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 12/11/13: The Clerk of the Court is directed to send plaintiff one blank summons, an instruction sheet, and five (5) USM-285 forms. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY DIAL,

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No. 2:12-cv-2569 AC P
Plaintiff,

v.

ORDER

SCOTT HEATLEY, et al.,
Defendants.

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Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. By order filed on September 19, 2013, the court directed the Clerk of Court to

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send plaintiff four (4) USM-285 forms, one summons, an instruction sheet and a copy of the

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amended complaint, and directed plaintiff to complete the summons and USM-285 forms and

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return them with copies of the amended complaint. ECF No. 13. On October 23, 2013, plaintiff

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notified the court that he had not received the necessary copy of his first amended complaint.

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ECF No. 18. Because plaintiff subsequently filed a second amended complaint (ECF No. 19), the

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Clerk of Court was directed to provide plaintiff with a copy of the second amended complaint and

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one additional USM-285 form for a newly named defendant. ECF No. 20. The court ordered

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plaintiff to complete and return to the court, within thirty days, all five USM-285 forms and the

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copies of his second amended complaint which are required to effect service on the defendants.

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Id. On December 2, 2013, plaintiff submitted the necessary copies of the second amended
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complaint but only one USM-285 form, which is incomplete, and no summons.
Plaintiff now represents that he never received the summons or the first four USM-285

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forms from the Clerk of Court. ECF No. 23. This assertion directly contradicts plaintiff’s

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October 23rd request. The court will nonetheless permit plaintiff one further opportunity to

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submit the requisite documentation for service of the second amended complaint. Plaintiff is also

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cautioned that he must provide an address for each defendant he names on a USM-285 form in

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order for any defendant to be served.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send plaintiff one blank summons, an instruction

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sheet, and five (5) USM-285 forms; and
2. Within thirty days, plaintiff shall submit to the court the summons and completed

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USM-285 forms required to effect service on Scott Heatley; Christopher Smith; Lawrence C.

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Fong; L.D. Zamora and John Casey. Failure to return the documents within the specified time

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period will result in dismissal of this case.

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DATED: December 11, 2013

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