Spitters v. Unknown

Filing 34

ORDER re service of complaint. Signed by Judge Hamilton on 5/11/2016. (pjhlc2, COURT STAFF) (Filed on 5/11/2016) (Additional attachment(s) added on 5/11/2016: # 1 Certificate/Proof of Service) (napS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS H. SPITTERS, 9 10 United States District Court Northern District of California 11 Case No. 15-cv-4902-PJH Plaintiff, 8 v. ORDER RE SERVICE OF COMPLAINT UNKNOWN, Defendant. 12 13 14 The court has received a letter from plaintiff Thomas H. Spitters (“plaintiff”). See 15 Dkt. 33. While the content of the letter is incomprehensible at times, plaintiff does appear 16 to respond to the court’s previous order to “provide the names of the defendants to the 17 Clerk so that a summons may be issued,” as he provides a list of three “estates” that he 18 requests “be included on the court docket.” 19 The court takes this opportunity to clarify that plaintiff must serve a copy of the 20 complaint and summons upon defendant(s) before the June 16, 2016 deadline set forth 21 in the court’s previous order, and in order to have a summons issued, plaintiff must file an 22 amended complaint that specifically names the defendant(s). Naming the defendant(s) in 23 24 25 26 27 28 a letter does not suffice. Therefore, plaintiff has until June 16, 2016 to (1) file an amended complaint naming all defendant(s), (2) obtain a summons, and (3) serve a copy of the complaint and the summons upon the defendant(s). The court’s previous order also explained that “in giving plaintiff until June 16, 2016, the court has already extended the deadline, and will not extend it further. If the complaint is not served upon defendants by this date, this case will be dismissed.” See Dkt. 31. 1 2 t efendant(s) bear the c ) costs of Finally, plaintiff also renews his request to have de litig gation, and that request is again denied. 3 4 5 6 7 IT IS SO ORDER S RED. Da ated: May 11, 2016 1 __ __________ __________ __________ _______ PH HYLLIS J. H HAMILTON Un nited States District Ju s udge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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