Fleming v. Director of Corrections

Filing 28

ORDER re 27 GRANTING PLAINTIFF EXTENSION OF TIME TO PROVIDE REQUIRED INFORMATION NECESSARY TO IDENTIFY DEFENDANT CASTRO. Signed by Judge Claudia Wilken on 12/9/09. (scc, COURT STAFF) (Filed on 12/9/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DIRECTOR OF CORRECTIONS, et al., Defendants. / GARY LEE FLEMING, Plaintiff, No. C 07-02338 CW (PR) ORDER GRANTING PLAINTIFF EXTENSION OF TIME TO PROVIDE REQUIRED INFORMATION NECESSARY TO IDENTIFY DEFENDANT CASTRO IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. § 1983. The Court issued an Order of

Service, directing the United States Marshal to serve a summons and complaint on Defendants. Service has been ineffective on Defendant Castro. In an Order

dated October 22, 2009, Plaintiff was directed to provide the Court with the required information necessary to identify Defendant Castro. He was also informed that the failure to do so shall

result in the dismissal of all claims against Defendant Castro. Plaintiff has filed a request for an extension of time to provide the Court with the required information necessary to identify Defendant Castro. Having read and considered Plaintiff's

request, and good cause appearing,

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS HEREBY ORDERED that Plaintiff's request for an extension of time is GRANTED. The time in which Plaintiff may provide the

Court with the required information necessary to identify Defendant Castro will be extended up to and including thirty (30) days of the date of this Order. Failure to do so by the new deadline shall

result in the dismissal of all claims against Defendant Castro. IT IS SO ORDERED. Dated: 12/9/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GARY LEE FLEMING, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-02338 CW CERTIFICATE OF SERVICE

DIRECTOR OF CORRECTIONS et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 9, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Gary Lee Fleming T-29495 Salinas Valley State Prison POB 1050 Soledad, CA 93960-1030 Dated: December 9, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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