Whitsitt v. Amazon.Com et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:14-0416 TLN CKD PS
By order filed December 9, 2016, plaintiff was directed to provide to the United States
Marshal, within fourteen days, all information needed by the Marshal to effect service of process,
including all information required for proper service of summons under Federal Rule of Civil
Procedure (h) and to file a statement with the court that said documents had been submitted to the
United States Marshal, along with a copy of the information provided to the Marshal. Plaintiff
failed to file the requisite statement. The court accordingly recommended that the action be
Plaintiff has filed objections to the findings and recommendations. Plaintiff contends that
he submitted the requisite documents to the United States Marshal. However, the postal receipt
submitted by plaintiff does not demonstrate service on the Marshal nor does plaintiff demonstrate
what documents were allegedly submitted to the Marshal. Plaintiff will therefore be granted an
extension of time to fully comply with the court’s order regarding submission of documents for
service of summons by the Marshal. Specifically, plaintiff is advised that he must comply with
the provision of the court’s order requiring that he file a statement with the court that said
documents had been submitted to the United States Marshal, along with a copy of the information
provided to the Marshal, including a copy of the properly filled-out USM-285 form. If plaintiff
chooses to mail the documents to the United States Marshal, then he must do so by certified mail,
return receipt requested and also submit the proof of mailing to the court.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed January 18, 2017 (ECF No. 28) are vacated;
2. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, and a
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
filed December 9, 2016 (ECF No. 27). Failure to comply with this order shall result in a
recommendation that this action be dismissed.
Dated: February 1, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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