Calhoun v. Gomez et al

Filing 43

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/12/2014 ORDERING within 21 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed USM-285 form; F ailure to comply with this order may result in a dismissal of defendant Green; Clerk shall send plaintiff USM-285 form; 40 FINDINGS and RECOMMENDATIONS are in abeyance, and plaintiff has until 5/18/2014 to file an appropriate motion related to defendant Merriweather; should plaintiff fail to timely comply, those findings and recommendations will be submitted to the district court of consideration. (Waggoner, D)

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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.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
U.S.C. § 1983.

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On April 8, 2014, the court ordered plaintiff to submit the necessary documents to

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effectuate service of process on defendant Green through the United States Marshal. ECF No. 39.

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Plaintiff subsequently notified the court that he has new information for service of process, but

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failed to submit the necessary documents to effect service. ECF No. 42. It is plaintiff’s

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responsibility to provide the documents required for service of process, and plaintiff has not

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complied with the court’s order. To effect service, plaintiff must submit the completed form

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USM-285 as previously ordered.

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In addition, the court notes that plaintiff filed objections to the undersigned’s April 9,

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2014 findings and recommendations, which recommended dismissal of defendant Merriweather.

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ECF No. 41. In the objections, dated April 17, 2014, plaintiff states he needs a 30 day extension
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of time to do relevant research. ECF No. 41. In light of plaintiff’s filing, that court will hold the

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April 9, 2014 findings and recommendations in abeyance.

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Accordingly, IT IS HEREBY ORDERED that:

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Within 21 days from service of this order, plaintiff shall complete the attached Notice

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of Submission of Documents and submit it to the court with the completed form USM-

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285. Failure to comply with this order may result in dismissal of defendant Green.

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2. The Clerk of the Court shall send plaintiff a USM-285 form.

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3. The April 9, 2014 findings and recommendations are held in abeyance, and plaintiff

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has until May 18, 2014 to file an appropriate motion related to defendant

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Merriweather. Should plaintiff fail to timely comply, those findings and

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recommendations will be submitted to the district judge for consideration.

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DATED: May 12, 2014.

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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.

NOTICE OF SUBMISSION OF
DOCUMENTS

M. GOMEZ, et al.,

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Defendants.

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Plaintiff hereby submits the following documents in compliance with the court’s order
filed ________________:

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completed USM-285 form

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DATED:

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________________________
Plaintiff

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