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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MALCOLM FRETT,

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Plaintiff,
v.
F. JACQUEZ, et al.,

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Defendants.

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No. C 10-3733 RMW (PR)
ORDER DIRECTING CLERK
TO RE-ISSUE SUMMONS;
GRANTING PLAINTIFF’S
MOTION FOR EXTENSION
OF TIME

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Plaintiff filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. On November 30,
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2010, the court ordered service of the stated cognizable claims upon named defendants. On
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December 27, 2010, the court received two summonses which were returned unexecuted.
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Specifically, because the facility had no information on defendant Correctional Lt. L. Osborne,
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and defendant Correctional Officer C. Vasquez had been transferred, the facility would not
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accept service for either defendant. On June 24, 2011, the court directed plaintiff to provide
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more identifying and location information regarding the unserved defendants. The court also
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requested assistance from the litigation coordinator at Pelican Bay State Prison to provide such
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information.
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At some point, counsel for defendants entered his appearance on behalf of defendant
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Vasquez, thereby waiving service. Then, on October 3, 2011, counsel for defendants sent a letter
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Order Directing Clerk to Re-Issue Summons; Granting Plaintiff’s Motion for Extension of Time
P:\PRO-SE\SJ.Rmw\CR.10\Frett733reserve.wpd

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to the court indicating that K. Osborne at Pelican Bay State Prison, rather than L. Osborne, was

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the likely intended defendant. For the foregoing reasons, the court hereby orders as follows:

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The clerk shall issue summons and the United States Marshal shall serve,

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without prepayment of fees, copies of the complaint in this matter (docket no. 1), all

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attachments thereto, and copy of this order on defendant Correctional Lt. K. Osborne at

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Pelican Bay State Prison.

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Plaintiff has also filed a third motion for extension of time to file his opposition to

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defendants’ motion to dismiss. Plaintiff’s motion is GRANTED. His opposition is due on or

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before November 29, 2001. Defendants shall file their reply no later than fifteen days thereafter.

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No further requests for extension will be favored absent exigent circumstances.
IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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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.

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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