(PC) Calhoun v. Gomez et al, No. 2:2012cv02856 - Document 19 (E.D. Cal. 2013)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 10/23/13 ordering plaintiff's request contained within his objections 18 is granted to the extent that the 09/20/13 findings and recommendations are held in abeyance. Plaintiff has 60 day s to comply with the court's 8/14/13 order 14 . Should plaintiff fail to comply, those findings and recommendations will be submitted to the district judge for consideration. The clerk is directed to re-serve the court's 08/14/13 order 14 and the documents referenced therein. (Plummer, M)

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(PC) Calhoun v. Gomez et al Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMONT L. CALHOUN, 12 13 14 15 No. 2:12-cv-2856-GEB-EFB P Plaintiff, v. ORDER M. GOMEZ, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1). 20 On August 14, 2013, the court screened plaintiff’s amended complaint and found 21 service appropriate for defendants Green, Gomez, Merriweather and Young. That order gave 22 plaintiff 30 days to submit the documents necessary for service of process on defendants and 23 warned plaintiff that failure to comply with the order could result in dismissal of his case. The 24 time for acting passed and plaintiff failed to comply with that order. Accordingly, on September 25 20, 2013, the undersigned issued findings and recommendations recommending that this action be 26 dismissed. On October 15, 2013, plaintiff filed objections to the findings and recommendations, 27 in which he requests an extension of time to return the documents to effect service of process. 28 Plaintiff will be granted the requested extension of time. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s request contained within his objections (ECF No. 18) is granted to the extent 3 that the September 20, 2013 findings and recommendations are held in abeyance; 4 2. Plaintiff has 60 days to comply with the court’s August 14, 2013 order (ECF No. 14); 5 3. Should plaintiff fail to timely comply, those findings and recommendations will be 6 submitted to the district judge for consideration; and 7 4. The Clerk is directed to re-serve the court’s August 14, 2013 order (ECF No. 14) and 8 the documents referenced therein. 9 Dated: October 23, 2013. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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