Epps v. CSP Sacramento

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 12/31/14 ordering the clerk of the court is instructed to re-serve plaintiff with the order of 10/24/14, and the service documents referred to in that order 9 at 5 paragraph 5, if the clerk has not already done so to be completed and returned within 30 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EPPS, 12 13 14 No. 2:14-cv-1347 MCE AC P Plaintiff, v. ORDER CSP SACRAMENTO, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis, asserting claims under 18 42 U.S.C. § 1983. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) 19 and Local Rule 302. The parties have not consented to the jurisdiction of the magistrate judge. 20 On October 24, 2014, the court ordered plaintiff to complete service documents and file 21 them with the court, among other things. ECF No. 9. Plaintiff asserts that he never received any 22 court documents dated October 24, 2014, indicating that he learned about them through a third 23 party. ECF No. 19. It appears that the Clerk of the Court has re-sent the order and service 24 documents. 25 Accordingly, IT IS HEREBY ORDERED that 26 1. The Clerk of the Court is instructed to re-serve plaintiff with the order of October 24, 27 2014, and the service documents referred to in that order (ECF No. 9 at 5 ¶ 5), if the Clerk has not 28 already done so. 1 1 2. Within thirty days from the date of this order, plaintiff shall complete the attached 2 Notice of Submission of Documents and submit the following documents to the court: 3 a. The completed Notice of Submission of Documents; 4 b. One completed summons; 5 c. One completed USM-285 form for each defendant listed in number 4 above; 6 and 7 d. Three (3) copies of the endorsed First Amended Complaint. 8 3. Plaintiff need not attempt service on defendants and need not request waiver of service. 9 Upon receipt of the above-described documents, the court will direct the United States Marshal to 10 serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment 11 of costs. 12 DATED: December 31, 2014 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EPPS, 12 13 14 No. 2:14-cv-1347 MCE AC P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS CPS SACRAMENTO, 15 Defendant. 16 17 18 Plaintiff submits the following documents in compliance with the court's order filed _____________________: 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Complaint 22 23 DATED: 24 ________________________________ Plaintiff 25 26 27 28 3

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