Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Gary R. Xavier v. M. French

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


June 21, 2012

GARY R. XAVIER, PLAINTIFF,
v.
M. FRENCH, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff, a state prisoner represented by counsel, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On April 12, 2012, the court ordered plaintiff to complete and submit USM-285 forms and a summons, as required to effect service on defendants French and Holland. (Dkt. No. 29.) One day later, plaintiff submitted copies of the complaint but failed to supply defendants' addresses on either the USM-285 forms or summons. Thus, on April 25, 2012, the Clerk of Court was directed to return the forms to plaintiff so that plaintiff could properly fill them out and re-submit them within 30 days. Plaintiff was advised that failure to do so would result in a recommendation that this action be dismissed. (Dkt. No. 31; see Dkt. No. 30.)

On June 11, 2012, having heard nothing more from plaintiff, the court issued findings and a recommendation of dismissal of this action without prejudice. (Dkt. No. 32.) On June 20, 2012, plaintiff through counsel filed objections to the findings and recommendations, stating that the forms he submitted were "rejected due to some technical deficiency." He states that he has corrected this deficiency and submitted the forms. (Dkt. No. 33.)*fn1

Plaintiff through counsel also expresses some confusion as to the "foreign and byzantine" process by which service is to be effected on defendants. As the court explained in its order of April 12, 2012:

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. (Dkt. No. 29 at 2.)

In light of plaintiff's objections, the court will vacate its June 11, 2012 findings and recommendations and grant plaintiff an additional 30 days to submit the completed service documents.

Accordingly, IT IS HEREBY ORDERED that:

1. The court's June 11, 2012 recommendation that this action be dismissed (Dkt. No. 32) is VACATED;

2. The Clerk of Court shall send plaintiff two USM-285 forms, one summons, and an instruction sheet.

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. Two USM-285 forms; and

d. Three copies of the endorsed complaint filed September 1, 2011.

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

No. 2:09-cv-0783 LKK CKD P

GARY R. XAVIER, Plaintiff, v. M. FRENCH et al. , Defendants.

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


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.