Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Fisher v. Felker

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


June 24, 2009

AL GENE FISHER, PLAINTIFF,
v.
T. FELKER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge

ORDER

On March 31, 2009, the Court ordered (Dkt. #20) Plaintiff to provide the following documents to the Clerk of the Court on or before April 10, 2009: 1) Notice of Submission of Documents; 2) a completed summons; 3) the completed USM-285 forms; and 4) three (3) copies of Plaintiff's First Amended Complaint (Dkt. #13). In the Order, the Court dismissed some of Plaintiff's Eighth Amendment claims and granted Plaintiff leave until April 30, 2009 to submit an amended complaint. (Id.) The Court notified Plaintiff that failure to provide the required documents for service in compliance with the Order (Dkt. #20) would "result in a recommendation that this action against Defendants Wong, Jackson, Grannis, Roche, Felker, Amero, Smith, Richardson and Chrones be dismissed with prejudice."

Plaintiff then filed a motion for an extension of time to file a second amended complaint (Dkt. #21) and a motion for appointment of counsel (Dkt. #22) on April 16, 2009. The Court granted Plaintiff an extension of time, allowing Plaintiff until May 28, 2009 to file an amended complaint. (Dkt. #24). On May 14, 2009, Plaintiff filed a motion to withdraw his previous request for an extension of time (Dkt. #25), in which Plaintiff requests that the Court proceed with this matter based on the claims against Defendants Shelton, Robertson, Savage, Plainer and Hanks as alleged in Plaintiff's First Amended Complaint. The Court granted Plaintiff's motion and ordered that the matter would proceed based on the claims against Defendants Shelton, Robertson, Savage, Plainer and Hanks as alleged in Plaintiff's First Amended Complaint. (Dkt. #26).

Thirty (30) days have now passed since the Court granted Plaintiff's request to proceed based on the surviving claims from his First Amended Complaint (Dkt. #26). To date, the Court has not received any of the following required documents from Plaintiff: 1) Notice of Submission of Documents; 2) completed summons; 3) the completed USM-285 forms; and 4) three (3) copies of the endorsed May 12, 2008, complaint. Accordingly,

IT IS HEREBY ORDERED that within 20 days of service of this Order, Plaintiff shall return the completed Notice of Submission of Documents, completed summons, completed USM-285 forms, and three (3) copies of the endorsed May 12, 2008, complaint to the Clerk of the Court. The Court will transmit them to the United States Marshal for service of process pursuant to Fed. R. Civ. P. 4. Failure to comply with this Order will result in a recommendation that this action against Defendants Wong, Jackson, Grannis, Roche, Felker, Amero, Smith, Richardson and Chrones be dismissed with prejudice.

20090624

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.