Atcherley v. Hanna, et al

Filing 98

ORDER and AMENDED SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 09/15/15 granting 95 Motion requesting service of process. The clerk of the court is directed to send plaintiff 2 USM-285 forms, 1 summons, instruction sheet and 1 c opy of the endorsed third amended complaint filed 06/25/15 83 to be completed and returned within 30 days. Due to the addition of these new defendants, and because the remaining defendants only recently filed an answer to the third amended complaint, the discovery deadline in this action is extended to 04/29/16 and the deadline for filing dispositive motions is extended to 7/29/16. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILBUR ATCHERLEY,

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No. 2:13-cv-0576 KJM AC P

Plaintiff,

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v.

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J. HANNA, et al.,

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ORDER and
AMENDED SCHEDULING ORDER
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action, seeks an order of this court directing the United States Marshal to serve process of the

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Third Amended Complaint on newly identified defendants G. Garcia and M. Dangler. See ECF

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No. 92 (authorizing the substitution of these defendants for previously named Doe defendants).

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Plaintiff must first provide the information necessary to effect service of process. Therefore,

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good cause appeared, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion requesting service of process, ECF No. 95, is granted in part.

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2. The Clerk of the Court is directed to send plaintiff two USM-285 forms, one summons,

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an instruction sheet, and one copy of the endorsed Third Amended Complaint filed June 25, 2015,

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ECF No. 83.

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3. Within thirty days after the filing date of this order (sooner if possible), plaintiff shall

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complete the attached Notice of Submission of Documents and submit the following documents
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to the court:

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a. The completed Notice of Submission of Documents;

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b. One completed summons;

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c. One completed USM-285 form for each defendant; and

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d. Three copies of the endorsed Third Amended Complaint filed June 25, 2015.

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4. Upon receipt of these documents, the court will direct the United States Marshal to

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serve process on defendants G. Garcia and M. Dangler pursuant to Federal Rule of Civil

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Procedure 4 without payment of costs.

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5. Due to the addition of these new defendants, and because the remaining defendants

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only recently filed an answer to the Third Amended Complaint, the discovery deadline in this

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action is extended to April 29, 2016, and the deadline for filing dispositive motions is extended to

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July 29, 2016.

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DATED: September 15, 2015

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILBUR ATCHERLEY,

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No. 2:13-cv-0576 KJM AC P

Plaintiff,

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v.

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J. HANNA, et al.,

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NOTICE OF SUBMISSION

Defendants.

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Plaintiff submits the following documents in compliance with the court’s order filed
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One completed summons form

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Two completed USM-285 forms

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Three copies of the endorsed Third Amended Complaint.

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____________________________________
Date

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Plaintiff

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