Lee v. Grounds

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/14 ORDERING that 18 Motion to dismiss his request to submit a third amended complaint is GRANTED; The Clerk of the Court shall send plaintiff 3 USM-285 forms; Within 30 days from th e date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the 3 completed USM-285 forms; Following receipt of the completed USM-285 forms, the court will direct the U.S. Marshal to serve defendants Garay, Sturcho and Ashley with the second amended complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE LEE,

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No. 2: 14-cv-0464 TLN KJN P
Plaintiff,

v.

ORDER

R. GROUNDS, et al.,
Defendants.

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Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On May 8, 2014, the undersigned issued an order screening

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plaintiff’s second amended complaint. (ECF No. 9.) The undersigned found that the second

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amended complaint stated a potentially colorable claim for relief against defendants Garay,

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Sturcho and Ashley for wrongly charging plaintiff with restitution in criminal cases where no

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restitution was ordered. In the May 8, 2014 order, the undersigned also found that the retaliation

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claim in the second amended complaint was not colorable and recommended that it be dismissed.

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On June 10, 2014, plaintiff filed a motion for an extension of time to file a third amended

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complaint. (ECF No. 11.) On June 20, 2014, the undersigned granted plaintiff thirty days to file

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a third amended complaint. (ECF No. 15.) The undersigned ordered that if plaintiff did not file a

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third amended complaint within that time, the court would order service of those claims in the

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second amended complaint found potentially colorable.
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On July 9, 2014 plaintiff filed a motion to dismiss his request to submit a third amended

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complaint. (ECF No. 18.) In this motion, plaintiff indicates that he wants to proceed on those

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claims found colorable in the second amended complaint.

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Plaintiff has previously submitted the copies of the second amended complaint and

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summons form necessary for service of defendants Garay, Sturcho and Ashley with the second

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amended complaint. However, plaintiff did not submit the completed USM-285 forms.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion to dismiss his request to submit a third amended complaint (ECF
No. 18) is granted;

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2. The Clerk of the Court shall send plaintiff 3 USM-285 forms;

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3. Within thirty days from the date of this order, plaintiff shall complete the attached

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Notice of Submission of Documents and submit the 3 completed USM-285 forms;

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4. Following receipt of the completed USM-285 forms, the court will direct the U.S.

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Marshal to serve defendants Garay, Sturcho and Ashley with the second amended complaint.

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Dated: July 18, 2014

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Lee464.1(2)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE LEE,

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No. 2: 14-cv-0464 TLN KJN P
Plaintiff,

v.

ORDER

R. GROUNDS, et al.,

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Defendants.

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Plaintiff submits the following documents in compliance with the court's order filed
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completed USM-285 forms

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DATED:

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________________________________
Plaintiff

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