Opinion
No. CIV S-07-1463 WBS EFB P.
October 29, 2008
ORDER
Plaintiff is a prisoner proceeding without counsel for alleged civil rights violations. See 42 U.S.C. § 1983. On January 31, 2008, this court recommended that this action be dismissed because plaintiff had not complied with the court's December 4, 2007 order. On February 22, 2008, plaintiff filed objections to the findings and recommendations, wherein he stated that he never received the December 4, 2007 order. Accordingly, the court will direct the Clerk to send plaintiff a copy of the December 4, 2007 order and will vacate its January 31, 2008 findings and recommendations. Accordingly, the court hereby orders that:
1. The January 31, 2008 findings and recommendations are vacated.
2. With this order the Clerk of the Court shall provide to plaintiff a copy of the December 4, 2007 order, a blank summons, a copy of the pleading filed October 12, 2007, five USM-285 forms and instructions for service of process on defendants Turella, Maxham, Rendon, Perfino, and Moreno. Within 20 days of service of this order plaintiff may return the attached Notice of Submission of Documents with the completed summons, the completed USM-285 forms, and six copies of the October 12, 2007, complaint. The court will transmit them to the United States Marshal for service of process pursuant to Fed.R.Civ.P. 4. Defendants Turella, Maxham, Rendon, Perfino, and Moreno will be required to respond to plaintiff's allegations within the deadlines stated in Fed.R.Civ.P. 12(a)(1). In this event, the court will construe plaintiff's election to proceed forthwith as consent to an order dismissing his defective claims against defendants Wedell, Heintschell, Williamson, May, Kaley, or Hawkins without prejudice.
3. Plaintiff's failure to comply with this order will result in a recommendation of dismissal.
So ordered.