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Bush v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 24, 2009

WADE BUSH, PLAINTIFF,
v.
JAMES A. YATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER GRANTING MOTION FOR A COPY OF SECOND AMENDED COMPLAINT, AND DENYING MOTION FOR EXTRA SUMMONS AND USM-285 FORM (Doc. 44) THIRTY-DAY DEADLINE

On September 10, 2009, Plaintiff filed a motion seeking a copy of his second amended complaint so that he can comply with the Court's orders requiring submission of the service documents and complaint copies. Plaintiff also seeks a thirteenth summons and USM-285 form, contending that the Court erred in provided him only twelve summonses and twelve USM-285 forms.

Plaintiff voluntarily dismissed the thirteenth defendant, Merritt, from this action and as a result, was correctly issued twelve summonses and twelve USM-285 forms. (Doc. 36, Plaintiff's Notice to Proceed, 2:2-11; Doc. 37, Order, 2:4-7.)

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff 's motion for a copy of the second amended complaint is GRANTED, and the Clerk's Office shall send him a copy with this order;

2. Plaintiff 's motion for the issuance of a thirteenth summons and USM-285 form is DENIED; and

3. Within thirty (30) days from the date of service of this order, Plaintiff shall submit the completed service documents and requisite copies of the second amended complaint.

IT IS SO ORDERED.

20090924

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