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Andreas v. Cate

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


December 15, 2009

NICOLAS DAVID ANDREAS, PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On June 26, 2009, the court issued an order finding that the original complaint stated colorable Eighth Amendment and state law claims against defendants Johnson, Martinez, McCarthy, Bond and Thompson. The court dismissed the remaining claims with thirty days to file an amended complaint.

On July 20, 2009, plaintiff filed a motion to an extension of time to file an amended complaint. On July 30, 2009, the undersigned granted plaintiff thirty days to file an amended complaint. On September 11, 2009, District Court Judge Damrell denied plaintiff's request for reconsideration of the July 30, 2009, order and granted him thirty days to file an amended complaint. On October 14, 2009, the undersigned granted plaintiff an additional twenty-eight days to file an amended complaint.

On November 20, 2009, plaintiff filed a pleading stating that he wishes to proceed on the original complaint.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Service is appropriate for the following defendants: Johnson, Martinez, McCarthy, Bond and Thompson.

2. The Clerk of the Court shall send plaintiff 5 USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed May 4, 2009.

3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court:

a. The completed Notice of Submission of Documents;

b. One completed summons;

c. One completed USM-285 form for each defendant listed in number 3 above; and

d. Six copies of the endorsed complaint filed May 4, 2009.

6. Plaintiff need not attempt service on defendants and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs.

NOTICE OF SUBMISSION OF DOCUMENTS

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

completed summons form

completed USM-285 forms

copies of the

Complaint/Amended Complaint

DATED:

Plaintiff

20091215

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