Lee v. Grounds
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/17/14 ORDERING that August 27, 2014 findings and recommendations 22 are vacated; The Clerk of the Court is directed to send plaintiff 3 USM-285 forms; Within 30 days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and return the 3 completed USM-285 forms to the court; and 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 July 18, 2014, the court granted plaintiff thirty days to submit
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completed USM-285 forms for defendants Garay, Sturcho and Ashley. (ECF No. 19.) Thirty
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days passed and plaintiff did not submit the 3 completed USM-285 forms. Accordingly, on
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August 27, 2014, the undersigned recommended that this action be dismissed. (ECF No. 22.)
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On September 8, 2014, plaintiff filed objections to the findings and recommendations.
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(ECF No. 23.) Plaintiff alleges that he sent his completed USM-285 forms directly to the U.S.
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Marshal. The U.S. Marshal’s office has informed the court that there is no record of that office
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having received the forms from plaintiff.
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Good cause appearing, the August 27, 2014 findings and recommendations are vacated.
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Plaintiff will be granted another opportunity to complete and return the USM-285 forms to the
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court. Plaintiff should not mail his forms to the U.S. Marshal.
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Accordingly, IT IS HEREBY ORDERED that:
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1. August 27, 2014 findings and recommendations (ECF No. 22) are vacated;
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2. The Clerk of the Court is directed to 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 return the 3 completed USM-285 forms to
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the court; and
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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
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complaint.
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Dated: September 17, 2014
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Lee464.vac(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,
ORDER
v.
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R. GROUNDS,
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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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_3___
completed USM-285 forms
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DATED:
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________________________________
Plaintiff
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