-DAD (PC) Cooper v. Kaur, et al, No. 2:2010cv01057 - Document 32 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 03/08/11 ordering plaintiff's 03/01/11 request to attempt re-service 29 is granted. The court's 03/03/11 findings and recommendations 31 are vacated. The clerk of the court is directed to send plaintiff 1 summons, instruction sheet, 1 USM-285 form and a copy of the amended complaint to be completed and returned with the notice of submission of documents within 30 days from the date of this order. (Plummer, M)

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-DAD (PC) Cooper v. Kaur, et al Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TROY COOPER, 11 Plaintiff, Defendants. 12 13 ORDER vs. KAUR et al., 14 15 / 16 17 No. CIV S-10-1057 GEB DAD P Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action. 18 On March 3, 2011, the undersigned issued findings and recommendations, 19 recommending that defendant Naku be dismissed without prejudice pursuant to Rule 4(m) of the 20 Federal Rules of Civil Procedure. Two days before the court issued the findings and 21 recommendations, plaintiff filed a letter with the court explaining that he had received a copy of 22 the United States Marshal’s “Process Receipt and Return” indicating that defendant Naku could 23 not be located at the address plaintiff provided on form USM-285. Plaintiff requested that the 24 court order the United States Marshal to attempt service again and listed a new address for the 25 defendant. 26 ///// 1 Dockets.Justia.com 1 In the interest of justice, the court will grant plaintiff’s request, vacate its findings 2 and recommendations, and order plaintiff to complete new service documents for defendant 3 Naku. Plaintiff is cautioned, however, that if the United States Marshal is unable to effect 4 service again, the court will issue findings and recommendations recommending that defendant 5 Naku be dismissed. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s March 1, 2011 request to attempt re-service (Doc. No. 29) is 8 granted; 9 2. The court’s March 3, 2011 findings and recommendations are vacated; 10 11 3. The Clerk of the Court is directed to send plaintiff one summons, one USM285 form, an instruction sheet, and a copy of the amended complaint filed June 16, 2010; and 12 4. Within thirty days from the date of this order, plaintiff shall complete the 13 attached Notice of Submission of Documents and submit it to the court with the documents listed 14 below: 15 a. One completed USM-285 form for defendant Naku; 16 b. Two copies of the endorsed complaint filed June 16, 2010; and 17 c. One completed summons form. 18 DATED: March 8, 2011. 19 20 21 22 DAD:9 coop1057.vac 23 24 25 26 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TROY COOPER, 11 Plaintiff, 12 13 No. CIV S-10-1057 GEB DAD P vs. KAUR et al., 14 NOTICE OF SUBMISSION Defendants. OF DOCUMENTS 15 / 16 Plaintiff hereby submits the following documents in compliance with the court’s order filed 17 one completed summons form; 18 one completed USM-285 form; and 19 two true and exact copies of the amended complaint filed June 16, 2010. 20 DATED: . 21 22 Plaintiff 23 24 25 26 :

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