Branch v. Ayers et al

Filing 9

ORDER by Judge ARMSTRONG granting 7 Motion for Extension of Time to Amend 1 Complaint (lrc, COURT STAFF) (Filed on 1/25/2012)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3

LOUIS BRANCH,

4
5
6
7

Plaintiff,

ORDER GRANTING SECOND
EXTENSION OF TIME FOR PLAINTIFF
TO FILE PROOF OF SERVICE OR TO
SHOW CAUSE WHY CLAIMS AGAINST
UNSERVED NAMED DEFENDANTS
SHOULD NOT BE DISMISSED

v.
WARDEN AYERS, et al.,
Defendants.

8
9

No. C 11-01977 SBA (PR)

/

Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. § 1983.
On September 16, 2011, the Court issued an "Order to Show Cause Why Claims Against Unserved

11
For the Northern District of California

United States District Court

10

Defendants Should Not Be Dismissed." The Court directed Plaintiff, who paid the filing fee in this

12

matter, to either provide the Court with proof of service of the summons and complaint upon the

13

named Defendants against whom he alleges his claims, or otherwise show cause why the complaint

14

should not be dismissed without prejudice as to each unserved Defendant pursuant to Rule 4(m) of

15

the Federal Rules of Civil Procedure. (Sept. 16, 2011 Order at 1-2.)

16
17
18
19

In an Order dated November 15, 2011, the Court granted Plaintiff's request for a ninety-day
extension of time to respond to its September 16, 2011 Order.
Before the Court is Plaintiff's second request for an extension of time to respond to its
September 16, 2011 Order.

20

IT IS HEREBY ORDERED that Plaintiff's second request for an extension of time is

21

GRANTED. The time in which Plaintiff may either provide the Court with proof of service on the

22

named Defendants, or show cause why the claims against the unserved named Defendants should

23

not be dismissed from this action without prejudice, will be extended up to and including March 16,

24

2012. Failure to do so by the new deadline shall result in the dismissal of all claims against the

25

unserved named Defendants without prejudice. This Order terminates Docket no. 7.

26

IT IS SO ORDERED.

27
28

DATED: 1/23/12
SAUNDRA BROWN ARMSTRONG
United States District Judge
P:\PRO-SE\SBA\CR.11\Branch1977.2ndEOT-OSC-response.wpd

1
2

UNITED STATES DISTRICT COURT

3

FOR THE

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7
8
9

11
For the Northern District of California

United States District Court

10

Case Number: CV11-01977 SBA

LOUIS BRANCH,

CERTIFICATE OF SERVICE

Plaintiff,
v.
AYERS et al,
Defendant.

/

12
13
14
15
16

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 January 25, 2012, 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.

17
18

20

Louis Branch B-17786
California State Prison - Solano
P.O. Box 4000
Vacaville, CA 95696-4000

21

Dated: January 25, 2012

19

Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

22
23
24
25
26
27
28

P:\PRO-SE\SBA\CR.11\Branch1977.2ndEOT-OSC-response.wpd

2