Finley v. Griggs

Full title: JOWELL FINLEY, Plaintiff, v. R.L. GRIGGS, et al., Defendants

Court: United States District Court, E.D. California

Date published: Jun 24, 2009

No. CIV S-07-2344 FCD EFB P (E.D. Cal. Jun. 24, 2009)

Opinion

No. CIV S-07-2344 FCD EFB P.

June 24, 2009

ORDER

EDMUND BRENNAN, Magistrate Judge

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On May 29, 2009, the court found that plaintiff stated claims against ten defendants, including defendants R. Terrazas and C. Orrick. However, through clerical oversight, the court directed plaintiff to submit materials for service of process on only eight defendants.¹ The court overlooked defendants R. Terrazas and C. Orrick. On June 9, 2009, plaintiff notified the court of this oversight.

1 Plaintiff has submitted the documents necessary to effect service of process on all defendants except R. Terrazas and C. Orrick.

Accordingly, it hereby is ordered that:

1. Service is appropriate for defendants R. Terrazas and C. Orrick;

2. The Clerk of the Court shall send plaintiff two USM-285 forms and an instruction sheet;

3. Within 20 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed USM-285 forms.

4. Upon receipt of the necessary materials, the court will direct the United States Marshal to serve defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. Failure to comply with this order will result in a recommendation that this action be dismissed.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed ______________:0 2 0 November 17, 2008 completed summons form completed forms USM-285 copies of the First Amended Complaint Dated: __________________________________ Plaintiff