Frett v. Jacquez et al

Filing 61

ORDER Directing Clerk to Re-Issue Summons; Granting 58 Motion for Extension of Time to File by Judge Ronald M. Whyte. (jg, COURT STAFF) (Filed on 10/25/2011)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 MALCOLM FRETT, 13 14 15 Plaintiff, v. F. JACQUEZ, et al., 16 Defendants. ) ) ) ) ) ) ) ) ) ) No. C 10-3733 RMW (PR) ORDER DIRECTING CLERK TO RE-ISSUE SUMMONS; GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME 17 Plaintiff filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. On November 30, 18 2010, the court ordered service of the stated cognizable claims upon named defendants. On 19 December 27, 2010, the court received two summonses which were returned unexecuted. 20 Specifically, because the facility had no information on defendant Correctional Lt. L. Osborne, 21 and defendant Correctional Officer C. Vasquez had been transferred, the facility would not 22 accept service for either defendant. On June 24, 2011, the court directed plaintiff to provide 23 more identifying and location information regarding the unserved defendants. The court also 24 requested assistance from the litigation coordinator at Pelican Bay State Prison to provide such 25 information. 26 At some point, counsel for defendants entered his appearance on behalf of defendant 27 Vasquez, thereby waiving service. Then, on October 3, 2011, counsel for defendants sent a letter 28 Order Directing Clerk to Re-Issue Summons; Granting Plaintiff’s Motion for Extension of Time P:\PRO-SE\SJ.Rmw\CR.10\Frett733reserve.wpd 1 to the court indicating that K. Osborne at Pelican Bay State Prison, rather than L. Osborne, was 2 the likely intended defendant. For the foregoing reasons, the court hereby orders as follows: 3 The clerk shall issue summons and the United States Marshal shall serve, 4 without prepayment of fees, copies of the complaint in this matter (docket no. 1), all 5 attachments thereto, and copy of this order on defendant Correctional Lt. K. Osborne at 6 Pelican Bay State Prison. 7 Plaintiff has also filed a third motion for extension of time to file his opposition to 8 defendants’ motion to dismiss. Plaintiff’s motion is GRANTED. His opposition is due on or 9 before November 29, 2001. Defendants shall file their reply no later than fifteen days thereafter. 10 11 12 13 No further requests for extension will be favored absent exigent circumstances. IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MALCOLM FRETT, Case Number: CV10-03733 RMW Plaintiff, CERTIFICATE OF SERVICE v. F JACQUEZ 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 October 25, 2011, 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. Malcolm Frett T37449 High Desert State Prison C8-101-P PO Box 3030 Susanville, CA 96127 Dated: October 25, 2011 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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