Cuff v. Department of State Hospitals (DSH) - Stockton et al

Filing 19

ORDER signed by Magistrate Judge Deborah Barnes on 08/08/17 ordering the 7/24/17 order is amended to replace the name "Harper" wherever it appears with "Harris." The summons form submitted by plaintiff for defendant "Harper and/or Harris" should be considered a summons form for defendant Harris. The clerk of the court is directed to return the copy of the first amended complaint submitted by plaintiff on 7/31/17. Within 30 days, plaintiff shall submit to the court the 4 additional copies of the complaint required to effect service. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BYRON DEWAYNE CUFF,

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Plaintiff,

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No. 2:16-cv-1999 MCE DB P

v.

ORDER

DEPARTMENT OF STATE HOSPITALS,
et al.,
Defendants.

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Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983.

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By an order filed July 24, 2017, this court ordered plaintiff to complete and return to the

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

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effect service on the defendants. On July 31, 2017, plaintiff submitted the USM-285 forms but

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failed to file all six copies of the first amended complaint. In addition, in his submission, plaintiff

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identifies one defendant as “Harper and/or (Harris).”
The court has reviewed the July 24 order and discovered that the order contains an error.

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Defendant Harris is identified at various places, including the final order clause, as “Harper.”

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Therefore, the July 24, 2017 order will be amended to replace the name “Harper” with “Harris.”

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In addition, plaintiff’s summons form directed to defendant “Harper and/or (Harris)” should be

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considered a summons form for defendant Harris.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 24, 2017 order is amended to replace the name “Harper” wherever it appears

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with “Harris;”
2. The summons form submitted by plaintiff for defendant “Harper and/or (Harris)”
should be considered a summons form for defendant Harris;
3. The Clerk of the Court is directed to return the copy of the first amended complaint
submitted by plaintiff on July 31, 2017; and

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4. Within thirty days, plaintiff shall submit to the court the four additional copies of the

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complaint required to effect service. Failure to return the copies within the specified

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

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Dated: August 8, 2017

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DLB:9
DLB1/prisoner-civil rights/cuff1999.8f

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BYRON DEWAYNE CUFF,
Plaintiff,

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No. 2:16-cv-1999 MCE DB P

v.

NOTICE OF SUBMISSION OF
DOCUMENTS

DEPARTMENT OF STATE HOSPITALS,
et al.,

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Defendants.
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Plaintiff hereby submits the following documents in compliance with the court's order
filed _____________________:

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First Amended Complaint

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copies of the April 18, 2017

DATED:

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________________________________

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