Cathy v. Moltzen, et al.

Filing 27

ORDER signed by Magistrate Judge Allison Claire on 09/06/17 ORDERING the Clerk of the Court is directed to send plaintiff 4 USM-285 forms, instruction sheet and a copy of the complaint to be completed and returned within 30 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES RAY CATHY,

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Plaintiff,

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v.

No. 2:15-cv-1646 MCE AC P

ORDER

E. MOLTZEN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to

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42 U.S.C. § 1983. Plaintiff paid the filing fee, and has twice attempted to obtain waivers of

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service of process from each of the four defendants (B. Johnson, D. Leavitt, E. Moltzen and S.

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Williamson). The court previously informed plaintiff that if his demonstrated efforts to serve

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defendants were unsuccessful, he could request the assistance of the court and the United States

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Marshal. See ECF Nos. 17, 22, 25. Plaintiff has now filed a supported motion for the assistance

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of the court and the United States Marshal to serve process on defendants. See ECF No. 26.

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send plaintiff four USM-285 forms, one

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summons, an instruction sheet, and a copy of the endorsed original complaint (ECF No. 1).

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2. Within thirty days after the filing date of this order, plaintiff shall complete the
attached Notice of Submission of Documents and submit the following documents to the court:

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a. The completed Notice of Submission of Documents;

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b. One completed summons;

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c. One completed USM-285 form for each defendant; and

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d. Five copies of the endorsed original complaint (ECF No. 1).

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3. Upon receipt of these documents, the court will direct the United States Marshal to
serve defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs.
IT IS SO ORDERED.
DATED: September 6, 2017

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES RAY CATHY,

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Plaintiff,

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No. 2:15-cv-1646 MCE AC P

v.

NOTICE OF SUBMISSION

E. MOLTZEN, et al.,
Defendants.

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Plaintiff submits the following documents in compliance with the court’s order filed
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One completed summons form

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Four completed USM-285 forms

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Five copies of the original endorsed complaint (ECF No. 1).

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____________________________________
Date

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Plaintiff