(PC) Isgrigg v. Heynie et al, No. 2:2009cv01905 - Document 19 (E.D. Cal. 2010)
Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 6/4/2010 VACATING the 16 findings and recommendations; and pltf has 14 days to submit the USM-285 forms to effect service on dfts. (Yin, K)
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(PC) Isgrigg v. Heynie et al Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD L. ISGRIGG, 11 Plaintiff, 12 vs. 13 No. CIV S-09-1905 GEB GGH P R. HEYNIE, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. On April 5, 2010, the undersigned issued findings and 18 recommendations that this case be dismissed for plaintiff’s failure to complete and return to the 19 court, within twenty-eight days, the USM-285 forms necessary to effect service on defendants 20 pursuant to the court’s January 19, 2010 order. 21 Plaintiff filed objections stating that he was unable to submit the forms due to 22 severe mental problems that required him being rehoused without his legal materials. However, 23 plaintiff states that he received his legal material on April 12, 2010. Therefore the court will 24 vacate the findings and recommendations and will provide plaintiff 14 days from the date of 25 service of this order to submit the proper forms as outlined in the court’s January 19, 2010 order. 26 \\\\\ 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 5, 2010, are vacated; and 3 2. Plaintiff is granted 14 days from the date of service of this order to submit the 4 USM-285 forms necessary to effect service on defendants. 5 DATED: June 4, 2010 6 /s/ Gregory G. Hollows 7 UNITED STATES MAGISTRATE JUDGE 8 GGH: AB isgr1905.vac 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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