Ashker v. Cate et al

Filing 10

ORDER by Judge Claudia Wilken granting Motion to Serve Order on Prison Litigation Office and denying Motion to Order Marshal to Serve Complaint 6 and; granting 7 Motion for Extension of Time to File First Amended Complaint (cwlc1, COURT STAFF) (Filed on 4/8/2010)

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. MATHEW CATE, et al., Defendants. / TODD ASHKER, Plaintiff, No. 09-02948 CW ORDER GRANTING PLAINTIFF'S REQUESTS FOR EXTENSION OF TIME TO FILE AMENDED COMPLAINT AND TO SERVE ORDER ON PRISON LITIGATION OFFICE AND DENYING REQUEST FOR MARSHAL TO SERVE COMPLAINT (Docket ## 6, 7) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

On February 16, 2010, the Court issued an Order Reviewing Complaint Under 28 U.S.C. § 1915A, Ordering Service of Cognizable Claims and Dismissing Noncognizable Claims with leave to amend. The Court granted Plaintiff thirty days from the date of the Order to file his amended complaint. Plaintiff requests an extension of For good cause appearing, the

time to file his amended complaint.

Court grants Plaintiff's request for an extension of time; Plaintiff must file his amended complaint by April 30, 2010. Plaintiff also requests that the Court send the February 16, 2010 Order to the Pelican Bay State Prison (PBSP) litigation office

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

so that Defendants have prior notice of this lawsuit and the Court's suggestion that they waive service of the summons. Court grants this request. The

The Court orders the Clerk of the Court

to send the February 16, 2010 Order and this Order to the PBSP litigation office and reiterates the statement in the February 16, 2010 Order that Rule 4(d) of the Federal Rules of Civil Procedure requires Defendants to cooperate in saving unnecessary costs of service of the summons and complaint by waiving service of the summons, if requested to do so by Plaintiff. Because Defendants may waive service of the summons, Plaintiff's request to have the United States Marshal serve Defendants is denied without prejudice as premature. Plaintiff may

resubmit this request if Defendants continue to refuse to waive service of summons.

IT IS SO ORDERED.

Dated:

April 8, 2010

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 Todd Ashker C58191 D1-119 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 Dated: April 8, 2010 TODD ASHKER, Plaintiff, v. MATHEW CATE et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-02948 CW CERTIFICATE OF SERVICE

/

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 April 8, 2010, 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.

Richard W. Wieking, Clerk By: Ronnie Hersler, Administrative Law Clerk

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