Whitsitt v. Amazon.Com et al

Filing 30

ORDER vacating 28 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/1/17: The Clerk of the Court shall send plaintiff one USM-285 form, one summons, and a copy of the second amended complaint. Plaintiff is granted an extension of time to February 17, 2017 to comply with the order filed December 9, 2016. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLAM WHITSITT,

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No. 2:14-0416 TLN CKD PS

Plaintiff,

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v.

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AMAZON.COM,

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ORDER

Defendant.

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By order filed December 9, 2016, plaintiff was directed to provide to the United States

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Marshal, within fourteen days, all information needed by the Marshal to effect service of process,

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including all information required for proper service of summons under Federal Rule of Civil

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Procedure (h) and to file a statement with the court that said documents had been submitted to the

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United States Marshal, along with a copy of the information provided to the Marshal. Plaintiff

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failed to file the requisite statement. The court accordingly recommended that the action be

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dismissed.

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Plaintiff has filed objections to the findings and recommendations. Plaintiff contends that

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he submitted the requisite documents to the United States Marshal. However, the postal receipt

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submitted by plaintiff does not demonstrate service on the Marshal nor does plaintiff demonstrate

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what documents were allegedly submitted to the Marshal. Plaintiff will therefore be granted an

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extension of time to fully comply with the court’s order regarding submission of documents for
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service of summons by the Marshal. Specifically, plaintiff is advised that he must comply with

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the provision of the court’s order requiring that he file a statement with the court that said

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documents had been submitted to the United States Marshal, along with a copy of the information

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provided to the Marshal, including a copy of the properly filled-out USM-285 form. If plaintiff

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chooses to mail the documents to the United States Marshal, then he must do so by certified mail,

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return receipt requested and also submit the proof of mailing to the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 18, 2017 (ECF No. 28) are vacated;

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2. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, and a

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copy of the second amended complaint (ECF No. 13).
3. Plaintiff is granted an extension of time to February 17, 2017 to comply with the order

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filed December 9, 2016 (ECF No. 27). Failure to comply with this order shall result in a

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recommendation that this action be dismissed.

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Dated: February 1, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 whitsitt416.vac

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