-EFB (PC) Draper v. Rosairo et al, No. 2:2010cv00032 - Document 26 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 04/05/11 vacating 24 FINDINGS AND RECOMMENDATIONS. With this order the clerk of the court shall provide plaintiff a blank summons, a copy of the 01/05/10 complaint, 4 USM-285 forms and instructions for service of process on defendants Rosario, Flowers, Rogers and Rallos to be completed with the attached notice of submission of documents within 30 days. (Plummer, M)
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-EFB (PC) Draper v. Rosairo et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN CLINT DRAPER, 11 12 13 14 15 16 Plaintiff, No. CIV S-10-0032 KJM EFB P vs. D. ROSARIO, et. al., Defendants. ORDER / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On October 15, 2010, the court found that service was appropriate for defendants 18 Flowers, Rallos, E. Rogers, and D. Rosario, and ordered plaintiff to either submit service 19 documents or an amended complaint within 30 days. Plaintiff did not do so. On January 4, 20 2011, the court again ordered plaintiff to either submit service documents or an amended 21 complaint. Plaintiff did not do so. Finally, on March 15, 2011, the undersigned recommended 22 that this action be dismissed for failure to prosecute. 23 On March 28, 2011, plaintiff filed objections to the findings and recommendations, 24 stating that he sent the service documents to the United States Court of Appeals. He also states 25 that he has recently been transferred to Soledad Prison and that he believes that the Department 26 of Corrections may be interfering with the delivery of his legal mail. It appears that plaintiff 1 Dockets.Justia.com 1 wishes to prosecute this action. As he states that he attempted to send in the service documents, 2 it appears that he wishes to serve the defendants against whom he has stated a claim. Plaintiff is 3 advised that he must return the service documents to this court, and not to the United States 4 Court of Appeals. 5 Accordingly, it is ORDERED that: 6 1. The March 15, 2011 findings and recommendations are vacated; and 7 2. With this order the Clerk of the Court shall provide to plaintiff a blank summons, a 8 copy of the pleading filed January 5, 2010, four USM-285 forms and instructions for service of 9 process on defendants D. Rosario, Flowers, E. Rogers, and Dr. Rallos. Within 30 days of the date 10 of this order plaintiff must return the attached Notice of Submission of Documents with the 11 completed summons, the completed USM-285 forms, and five copies of the January 5, 2010 12 complaint. The court will transmit them to the United States Marshal for service of process 13 pursuant to Fed. R. Civ. P. 4. 14 Dated: April 5, 2011. 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN CLINT DRAPER, 10 Plaintiff, 11 12 vs. D. ROSARIO, et al., 13 Defendants. NOTICE OF SUBMISSION OF DOCUMENTS / 14 In accordance with the court’s order filed ______________________, plaintiff hereby 15 16 No. CIV S-10-0032 KJM EFB P submits the following documents: 17 1 completed summons form 18 4 completed forms USM-285 19 5 copies of the January 5, 2010 Complaint 20 Dated: 21 22 Plaintiff 23 24 25 26 3