Calhoun v. Gomez et al

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/23/13 ordering plaintiff's request contained within his objections 18 is granted to the extent that the 09/20/13 findings and recommendations are held in abeyance. Plaintiff has 60 day s to comply with the court's 8/14/13 order 14 . Should plaintiff fail to comply, those findings and recommendations will be submitted to the district judge for consideration. The clerk is directed to re-serve the court's 08/14/13 order 14 and the documents referenced therein. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMONT L. CALHOUN,

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No. 2:12-cv-2856-GEB-EFB P

Plaintiff,
v.

ORDER

M. GOMEZ, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1).

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On August 14, 2013, the court screened plaintiff’s amended complaint and found

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service appropriate for defendants Green, Gomez, Merriweather and Young. That order gave

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plaintiff 30 days to submit the documents necessary for service of process on defendants and

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warned plaintiff that failure to comply with the order could result in dismissal of his case. The

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time for acting passed and plaintiff failed to comply with that order. Accordingly, on September

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20, 2013, the undersigned issued findings and recommendations recommending that this action be

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dismissed. On October 15, 2013, plaintiff filed objections to the findings and recommendations,

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in which he requests an extension of time to return the documents to effect service of process.

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Plaintiff will be granted the requested extension of time.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request contained within his objections (ECF No. 18) is granted to the extent

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that the September 20, 2013 findings and recommendations are held in abeyance;

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2. Plaintiff has 60 days to comply with the court’s August 14, 2013 order (ECF No. 14);

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3. Should plaintiff fail to timely comply, those findings and recommendations will be

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submitted to the district judge for consideration; and

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4. The Clerk is directed to re-serve the court’s August 14, 2013 order (ECF No. 14) and

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the documents referenced therein.

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Dated: October 23, 2013.

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