The opinion of the court was delivered by: Justin L. Quackenbush Senior United States District Judge
ORDER RE: MOTIONS AND SUBSTITUTION OF SECRETARY OF CDCR
The following Order addresses several outstanding issues.
1. Defendant Stailey's Motion
The court's November 5, 2010 Order dismissed Plaintiff's claims against Defendant Stailey and considered Defendant Stailey a moving defendant. Ct. Rec. 62. The court herein supplements the November 5, 2010 Order to reflect that Defendant Stailey's Motion to Join in the Motion to Dismiss (Ct. Rec. 61) filed November 2, 2010 is GRANTED.
2. Substitution of Secretary of the CDCR, Matthew Cate
The court previously ordered Plaintiff to file a Notice of Substitution and the completed service forms for the Secretary of the CDCR on or before November 30, 2010. On November 16, 2010, Plaintiff advised the court that he intended to substitute Secretary of the CDCR Matthew Cate for the "Director of Corrections" but that he did not have the necessary service documents to supply. Ct. Rec. 64. The court and the parties shall construe this document (Ct. Rec. 64) as Plaintiff's Notice of Substitution of the Secretary of the CDCR, Matthew Cate, in lieu of Defendant "Director of Corrections."
The Clerk shall immediately send Plaintiff a USM-285 form for Defendant Cate to be served, as well as a summons, instruction sheet, and a copy of the First Amended Complaint (Ct. Rec. 15). Upon receipt, Plantiff shall submit the attached Notice of Submission of Documents and submit the following documents to the Court:
a. The completed Notice of Submission of Documents;
b. A completed summons for Defendant Cate;
c. A completed USM-285 form for Defendant Cate;
d. A copy of this Order for Defendant Cate; and
e. 1 copy of the Amended Complaint (Ct. Rec. 15.
Plaintiff need not attempt service on Defendant Cate and need not request waiver of service. After receiving the above-described documents, the court will issue a separate ...