Bell v. City of Vallejo et al

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/2017 VACATING 6 Findings and Recommendations and GRANTING plaintiff 30 days from the date of this order to either file an amended complaint or return the forms necessary for service. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH M. BELL,

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No. 2:17-cv-0949 GEB KJN P

Plaintiff,
v.

ORDER

CITY OF VALLEJO, et al.,
Defendants.

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By an order filed May12, 2017, the court ordered plaintiff to either file an amended

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complaint or complete and return to the court, within thirty days, the USM-285 forms necessary

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to effect service of the original complaint on defendants Potts and De Jesus. (ECF No. 4.) Thirty

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days passed and plaintiff did not respond to the court order. Accordingly, on June 22, 2017, the

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undersigned recommended that this action be dismissed. (ECF No. 6.)

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On July 10, 2017, plaintiff filed a motion for an extension of time to file a response to the

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June 22, 2017 findings and recommendations. (ECF No. 7.) On July13, 2017, the undersigned

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granted plaintiff until July 28, 2017 to file objections. (ECF No. 8.)

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On July 24, 2017, the July 13, 2017 order was returned unserved. On August 18, 2017,

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plaintiff filed a notice of change of address, containing his new address. (ECF No. 10.) In the

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notice of change of address, plaintiff also requests a thirty days extension of time in order to

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obtain counsel. (Id.)

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Because plaintiff intends to prosecute this action, the June 22, 2017 findings and

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recommendations are vacated. Plaintiff is granted thirty days to comply with the May 12, 2017

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order, i.e., either file an amended complaint or return the forms necessary to effect service.

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Failure to comply with this order will result in a recommendation of this action. If plaintiff

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obtains counsel during the next thirty days, he shall notify the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The June 22, 2017, findings and recommendations (ECF No. 6) are vacated;

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2. Plaintiff is granted thirty days from the date of this order to either file an amended

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complaint or return the forms necessary for service; failure to comply with this order will result in

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a recommendation of dismissal of this action.

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Dated: August 25, 2017

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bell0949.36(3)

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