King v. Wang et al

Filing 16

ORDER VACATING 14 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 04/20/15 and ORDERING Clerk to send plaintiff one USM form to be completed and returned within 30 days. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID KING,

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No. 2:14-cv-1817 KJM DAD P
Plaintiff,

v.

ORDER

WANG, et al.,

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Defendants.

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Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42
U.S.C. § 1983.
On November 6, 2014, this court ordered plaintiff to complete and return to the court,

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within thirty days, the USM-285 form and copies of his complaint which are required to effect

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service on the defendant Wang. (ECF No. 8.) On December 24, 2014, plaintiff submitted the

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copies of the complaint but failed to provide a complete address for the defendant on the USM-

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285 form.

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On January 6, 2015, the court ordered plaintiff to submit a properly-completed USM-285

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form within thirty days. (ECF No. 13.) Plaintiff was cautioned that his failure to timely submit

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the USM-285 form would result in a recommendation that this action be dismissed.

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Plaintiff failed to submit a properly-completed USM-285 form. Accordingly, on March
25, 2015, the court issued findings and recommendations recommending dismissal of this action.
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(ECF No. 14.) Plaintiff was therein granted fourteen days to file written objections to the

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findings and recommendations with the court.

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On April 6, 2015, plaintiff filed objections to the findings and recommendations. (ECF

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No. 15.) Therein plaintiff claims that he responded to the court’s January 6, 2015 order, and

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provides defendant’s address for purposes of service of process. Based on this representation, the

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court will vacate the previously-filed findings and recommendations and provide plaintiff another

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opportunity to file a properly-completed USM-285 form for defendant.

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In light of the foregoing, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed on March 25, 2014 (ECF No. 14) are vacated.

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2. The Clerk of the Court is directed to send plaintiff one blank USM-285 form.

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3. Within thirty days, plaintiff shall submit to the court the completed USM-285 form

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required to effect service. Plaintiff’s failure to return the USM-285 form within the specified

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time period will result in a recommendation that this action be dismissed.

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Dated: April 20, 2015

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DAD:10/
king1817.vac.fr

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