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Floyd Scott v. J. Palmer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 20, 2011

FLOYD SCOTT, PLAINTIFF,
v.
J. PALMER, ET AL.,
DEFENDANTS.

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

ORDER GRANTING PLAINTIFF'S MOTION FOR APPOINTMENT OF THE MARSHAL TO EFFECT SERVICE AND DENYING MOTION FOR EXTENSION OF TIME AS MOOT ORDER REQUIRING PLAINTIFF TO RETURN SERVICE DOCUMENTS AND COMPLAINT COPIES WITHIN THIRTY DAYS (Doc. 23)

(Docs. 24 and 25)

Plaintiff Floyd Scott, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 29, 2009. On February 4, 2011, the Court issued an order requiring Plaintiff to complete service of his complaint within one-hundred twenty days, instructing Plaintiff how to proceed, and providing Plaintiff with the requisite documents. Fed. R. Civ. P. 4(m). On February 11, 2011, Plaintiff filed a motion seeking the appointment of the United States Marshal to effect service on his behalf. Fed. R. Civ. P. 4(c)(3). Good cause having been shown, it is HEREBY ORDERED that:

1. Plaintiff's motion for the appointment of the Marshal to effect service, filed February 11, 2011, is GRANTED;

2. Plaintiff's motion for an extension of time to effect service, filed February 11, 2001, is DENIED as moot;

3. Service shall be initiated on the following defendants: C/O J. PALMER C/O R. S. RIVERA SGT. M. H. LOPEZ;

4. The Clerk of the Court shall send Plaintiff three (3) USM-285 forms, a Notice of Submission of Documents form, and an instruction sheet;

5. Within thirty (30) days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the completed Notice to the Court with the following documents:

a. One completed summons for each defendant listed above (summonses previously provided);

b. One completed USM-285 form for each defendant listed above; and

c. Three (3) copies of the endorsed complaint (copy previously provided); and

6. The failure to comply with this order will result in dismissal of this action.

IT IS SO ORDERED.

icido3

20110220

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