Grimes v. Barber et al

Filing 36

ORDER by Judge Claudia Wilken GRANTING 35 MOTION TO EXTEND TIME FOR SERVICE. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 3/20/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEROME L. GRIMES,

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Plaintiff,

United States District Court
For the Northern District of California

ORDER GRANTING
MOTION TO EXTEND
TIME FOR SERVICE
(Docket No. 35)

v.
OFFICER BARBER; OFFICER SMITH;
OFFICER TANG; and BOARD OF
TRUSTEES OF CALIFORNIA STATE
UNIVERSITY,
Defendants.

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No. C 12-3111 CW

________________________________/
On February 27, 2013, the Court quashed service upon

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Defendants Officers Barber, Smith and Tang and extended the
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deadline for Plaintiff Jerome L. Grimes to serve these Defendants
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until March 29, 2013.
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Plaintiff now moves for an additional sixty days in which to
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serve these Defendants.

Plaintiff explains that he is currently

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being held in the trial competency program of the Napa State
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Hospital.

Counsel for these Defendants was served with an

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electronic notice of the filing of Plaintiff’s motion on March 12,
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2013.1

As of the date of this Order, no opposition to Plaintiff’s

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motion has been received.
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Accordingly, the Court GRANTS Plaintiff’s motion and extends
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time for service upon Officers Barber, Smith and Tang until May
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28, 2013.

By that date, Plaintiff must file either proof of

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Although Plaintiff has filed a certificate of service of
the motion upon Defendants’ counsel, Docket No. 34, the address at
which he served her appears to be incorrect.

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service upon each of these Defendants or a motion for additional

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time in which to serve them, in which he provides good cause for

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the failure to serve them within the allowed time period.

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Plaintiff’s failure to comply with the terms of this Order will

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result in dismissal of his claims for failure to prosecute.

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Plaintiff shall not attempt to serve the summons and

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complaint upon any individual or entity that is not named in his

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complaint.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 3/20/2013

CLAUDIA WILKEN
United States District Judge

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