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Finley v. Griggs

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 24, 2009

JOWELL FINLEY, PLAINTIFF,
v.
R. L. GRIGGS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On May 29, 2009, the court found that plaintiff stated claims against ten defendants, including defendants R. Terrazas and C. Orrick. However, through clerical oversight, the court directed plaintiff to submit materials for service of process on only eight defendants.*fn1 The court overlooked defendants R. Terrazas and C. Orrick. On June 9, 2009, plaintiff notified the court of this oversight.

Accordingly, it hereby is ordered that:

1. Service is appropriate for defendants R. Terrazas and C. Orrick;

2. The Clerk of the Court shall send plaintiff two USM-285 forms and an instruction sheet;

3. Within 20 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed USM-285 forms.

4. Upon receipt of the necessary materials, the court will direct the United States Marshal to serve defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. Failure to comply with this order will result in a recommendation that this action be dismissed.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed

0 completed summons form

2 completed forms USM-285

0 copies of the November 17, 2008

First Amended Complaint


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