(PC) Wilson v. Wever et al, No. 2:2009cv02191 - Document 68 (E.D. Cal. 2012)
Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 10/9/12 ORDERING that the August 8, 2012, findings and recommendations are VACATED; Plaintiffs motion for an extension of time 64 to file objections to the August 8, 2012, findings and re commendations is DENIED as unnecessary; The Clerk of the Court shall send plaintiff two USM-285 forms; and within 30 days of the date of this order, plaintiff shall complete the provided USM-285 forms one for each defendant and return them to the court.(Dillon, M)
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(PC) Wilson v. Wever et al Doc. 68 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEE WILSON, 12 13 14 15 16 17 No. 2:09-CV-2191-LKK-CMK-P Plaintiff, vs. ORDER SANDRA LEE WEVER, et al., Defendants. / Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. On August 8, 2012, the court issued findings and recommendations that this 19 action be dismissed without prejudice for lack of prosecution and failure to comply with court 20 rules and orders. Specifically, as of that date, plaintiff had not submitted documents necessary 21 for service of this action by the United States Marshal, as required by the court’s June 26, 2012, 22 order. On August 20, 2012, plaintiff filed a motion for additional time to file objections to the 23 August 8, 2012, findings and recommendations. On August 27, 2012, plaintiff submitted some, 24 but not all, of the documents necessary for service by the United States Marshal. In light of 25 plaintiff’s partial compliance with the court’s June 26, 2012, order, the August 8, 2012, findings 26 and recommendations will be vacated. Plaintiff will be provided additional time to submit the 1 Dockets.Justia.com 1 required documentation for service by the United States Marshal. Plaintiff’s motion for an 2 extension of time to file objections to the August 8, 2012, findings and recommendations will be 3 denied as unnecessary. 4 5 Plaintiff is again cautioned that failure to comply with this order may result in dismissal of the action. See Local Rule 110. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The August 8, 2012, findings and recommendations are vacated; 8 2. Plaintiff’s motion for an extension of time (Doc. 64) to file objections to 9 the August 8, 2012, findings and recommendations is denied as unnecessary; 10 3. The Clerk of the Court shall send plaintiff two USM-285 forms; and 11 4. Within 30 days of the date of this order, plaintiff shall complete the 12 provided USM-285 forms – one for each defendant – and return them to the court. 13 14 15 16 DATED: October 9, 2012 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 2
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