(PC) Brownlee v. Jones et al, No. 2:2017cv00872 - Document 39 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/18 GRANTING plaintiff 30 days from the date of this order to complete and submit service documents and GRANTING plaintiff 14 days from the date of this order to file any objections to 37 Findings and Recommendations. (Coll, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN JUSTIN BROWNLEE, 12 13 14 15 No. 2:17-cv-00872 KJM CKD P Plaintiff, v. ORDER SCOTT JONES, et al., Defendants. 16 17 18 19 Plaintiff, a former Sacramento County jail inmate and currently a state prisoner, is proceeding pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. By order filed October 17, 2018, this court ordered plaintiff to complete and return, within 20 thirty days, the USM-285 forms and copies of his complaint which are required to effect service 21 on defendants Goings, Gomez, Grinder, Jackson, James, Schmenk, Smith, and Thompson. The 22 thirty-day deadline has now passed and plaintiff has failed to complete and return the USM-285 23 forms with copies of his complaint. However, on November 19, 2018 plaintiff did file a notice of 24 change of address and a letter indicating that “he’s under mental health treatment for his mental 25 health disability. Also he can’t take care of [his] legal proceeding because he doesn’t have access 26 to his property or access to the law library.” ECF No. 38 at 1. In light of this information, the 27 court will construe plaintiff’s letter as a motion for an extension of time to submit the service 28 documents. So construed, the motion will be granted. The court will also sua sponte extend the 1 1 deadline for filing objections to the October 17, 2018 Findings and Recommendations based on 2 good cause shown. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Within thirty days from the date of this order, plaintiff shall complete the attached 5 Notice of Submission of Documents and submit the following documents to the court: 6 a. The completed Notice of Submission of Documents; 7 b. One completed summons; 8 c. One completed USM-285 form for defendants Jail Division Deputy Sheriff Gomez; 9 Jail Division Deputy Sheriff Jackson; Jail Division Deputy Sheriff Thompson; Jail 10 Division Deputy Sheriff Smith; Jail Division Deputy Sheriff Goings; Jail Division 11 Deputy Sheriff Grinder; Jail Division Sergeant Schmenk; and, Jail Division Deputy 12 Sheriff James, all employed at the Sacramento County Main Jail; and 13 d. 9 copies of the endorsed amended complaint filed February 26, 2018. 14 15 16 17 18 2. Failure to return the copies within the specified time period will result in a recommendation that this action be dismissed. 3. Any objections to the court’s October 17, 2018 Findings and Recommendations are due within 14 days from the date of this order. Dated: November 30, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 12/brow0872.8f.docx 27 28 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 BENJAMIN JUSTIN BROWNLEE Plaintiff, 13 14 15 No. 2:17-cv-00872 CKD P v. NOTICE OF SUBMISSION OF DOCUMENTS SCOTT JONES, et. al., Defendants. 16 17 Plaintiff hereby submits the following documents in compliance with the court's order 18 filed _____________________ : 19 ____ completed summons form ____ completed USM-285 forms ____ copies of the ___________________ 20 21 22 Complaint 23 DATED: 24 25 26 ________________________________ 27 Plaintiff 28 3