-GGH (TEMP)(PC) Bloodworth v. Hamilton, et al.,, No. 2:2009cv03351 - Document 17 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/3/2010 ORDERING that the 13 findings and recommendations are VACATED; and pltf has an additional 60 days to perfect service on dft Hamilton. (Yin, K)
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-GGH (TEMP)(PC) Bloodworth v. Hamilton, et al., Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEREK J. BLOODWORTH, Plaintiff, 11 12 vs. 13 No. CIV S-09-3351 WBS KJM P M. HAMILTON, 14 15 16 Defendant. ORDER / Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights 17 action seeking relief under 42 U.S.C. § 1983. The matter was referred to the undersigned United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On September 9, 2010, the undersigned filed findings and recommendations 20 herein, which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed 22 objections to the findings and recommendations. 23 The court recommended that this action be dismissed because plaintiff had failed 24 to submit the documents required to perfect service on the defendant. See Findings and 25 Recommendations (Docket No. 13). Plaintiff has now submitted an explanation for his delay, 26 under penalty of perjury, and the court accepts the explanation as true. Good cause appearing, 1 Dockets.Justia.com 1 the court will vacate its recommendation that this case be dismissed and allow plaintiff time to 2 proceed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 9, 2010, are vacated; and 5 2. Plaintiff has an additional sixty days from the entry of this order in which to 6 perfect service on defendant Hamilton. 7 DATED: December 3, 2010. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 26 bloo3351.vacate 2