Candler v. Baker, et al.,

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 1/10/18 ORDERING the Clerk of the Court shall provide to plaintiff a blank summons, a copy of the 10/04/17 first amended complaint, 1 USM-285 form, and instructions for service of process on defendant Rashid to be completed and returned with the Notice of Submission of documents within 21 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 KEITH CANDLER, 12 Plaintiff, 13 14 No. 2:17-cv-1885 AC P v. ORDER BAKER, et al., 15 Defendants. 16 17 By an order issued October 17, 2017, this court ordered plaintiff to complete and return to 18 the court, within thirty days, the USM-285 form necessary to effect service on defendant Rashid. 19 See ECF No. 10 at 4. That thirty day period has since passed, and plaintiff has not responded in 20 any way to the court’s order. Plaintiff shall have one more opportunity to submit the documents necessary for service. 21 22 Failure to submit the required paperwork within the allotted time period will result in a 23 recommendation that defendant Rashid be dismissed as a defendant in this action. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Clerk of the Court shall provide to plaintiff a blank summons, a copy of the 26 October 4, 2017 first amended complaint, one USM-285 form, and instructions for service of 27 process on defendant Rashid. 28 //// 1 1 2 2. Within twenty-one days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court: 3 a. The completed Notice of Submission of Documents; 4 b. The completed summons; 5 c. The completed USM-285 form for defendant Rashid, and 6 d. Two copies of the endorsed first amended complaint filed October 4, 2017. 7 3. Plaintiff need not attempt service on defendant Rashid and need not request waiver 8 of service. Upon receipt of the above-described documents, the court will direct the United States 9 Marshall to serve the above-named defendant pursuant to Federal Rule of Civil Procedure 4 10 11 12 without payment of costs. IT IS SO ORDERED. DATED: January 10, 2018 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 12 KEITH CANDLER, Plaintiff, 13 14 15 No. 2:17-cv-1885 AC P v. NOTICE OF SUBMISSION OF DOCUMENTS BAKER, et al., Defendants. 16 17 18 19 Plaintiff submits the following documents in compliance with the court’s order filed _____________________: 20 1 completed summons form 21 1 completed form USM-285 22 2 copies of the complaint 23 24 DATED: 25 ________________________________ Plaintiff 26 27 28 1

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