Rodriguez v. Baughman et al

Filing 31

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/20/2019 VACATING the 12/26/2018 findings and recommendations. The Clerk shall send plaintiff forms for service to be completed and returned within 60 days, along with the Notice of Submission. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

STEVEN GARCIA RODRIGUEZ,

12

No. 2:18-cv-0655 MCE CKD P

Plaintiff,

13

v.

ORDER

14

DAVID BAUGHMAN, et al.,

15

Defendants.

16
Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. On December 26,

17
18

2018, the court recommended that this action be dismissed because plaintiff has been unable to

19

provide the United States Marshal with an address where defendant Friend can be served with

20

process. In response to the findings and recommendations, plaintiff seeks more time to obtain a

21

valid address. Good cause appearing, plaintiff’s request will be granted. Plaintiff is reminded

22

that if process cannot be served on defendant Friend, this action will be dismissed.

23

Accordingly, IT IS HEREBY ORDERED that:

24

1. The court’s December 26, 2018 findings and recommendations are vacated.

25

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

26

an instruction sheet and a copy of the complaint filed March 27, 2018.

27

/////

28

/////
1

1
2

3. Within sixty days from the date of this order, plaintiff shall complete and submit the
attached Notice of Submission of Documents to the court, with the following documents:

3

a. One completed USM-285 form;

4

b. Two copies of the endorsed complaint filed March 27, 2018; and

5

c. One completed summons form.

6

4. Failure to comply with this order will result in a recommendation that this action be

7

dismissed without prejudice.

8

Dated: February 20, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15

1/bh
rodr0655.8e

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

STEVEN GARCIA RODRIGUEZ,

12
13
14

No. 2:18-cv-0655 MCE CKD P

Plaintiff,
v.

NOTICE OF SUBMISSION

DAVID BAUGHMAN, et al.

15

OF DOCUMENTS

Defendants.

16
17
18

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

19

____

completed summons form

20

____

completed USM-285 form

21

____

copies of the ___________________
Complaint

22
23

DATED:

24
25
26
27

________________________________

28

Plaintiff
3