IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 10, 2011
DAVID M. DAVID, PLAINTIFF,
C. LOPEZ, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff is a state prisoner proceeding pro se and in forma pauperis. On December 7, 2010, the undersigned ordered that service forms be sent to plaintiff to be filled out and returned to the court concerning plaintiff's American with Disabilities Act (ADA) claim against Warden Tilton. Plaintiff has informed the court that the warden during the relevant time was Tom Felker. However, the appropriate defendant is the present warden in his official capacity as this case is proceeding under the ADA. Plaintiff's motion for an extension of time to return the service forms is granted but plaintiff's motion for clarification of the party names is denied.
In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's motion for an extension (Doc. 20) is granted and plaintiff is granted 28 days from service of this order to return the service forms.
2. Plaintiff's motion for clarification (Doc. 21) is denied.
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