CUFF v. DEPARTMENT OF STATE HOSPITALS

No. 2:16-cv-1999 MCE DB P.

BYRON DEWAYNE CUFF, Plaintiff, v. DEPARTMENT OF STATE HOSPITALS, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Byron Dewayne Cuff, Plaintiff, Pro Se.


ORDER

DEBORAH BARNES, Magistrate Judge.

Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983.

By an order filed July 24, 2017, this court ordered plaintiff to complete and return to the court, within thirty days, the USM-285 forms and copies of his complaint which are required to effect service on the defendants. On July 31, 2017, plaintiff submitted the USM-285 forms but failed to file all six copies of the first amended complaint. In addition, in his submission, plaintiff identifies one defendant as "Harper and/or (Harris)."

The court has reviewed the July 24 order and discovered that the order contains an error. Defendant Harris is identified at various places, including the final order clause, as "Harper." Therefore, the July 24, 2017 order will be amended to replace the name "Harper" with "Harris." In addition, plaintiff's summons form directed to defendant "Harper and/or (Harris)" should be considered a summons form for defendant Harris.

Accordingly, IT IS HEREBY ORDERED that:

1. The July 24, 2017 order is amended to replace the name "Harper" wherever it appears with "Harris;" 2. The summons form submitted by plaintiff for defendant "Harper and/or (Harris)" should be considered a summons form for defendant Harris; 3. The Clerk of the Court is directed to return the copy of the first amended complaint submitted by plaintiff on July 31, 2017; and 4. Within thirty days, plaintiff shall submit to the court the four additional copies of the complaint required to effect service. Failure to return the copies within the specified time period will result in a recommendation that this action be dismissed.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following document in compliance with the court's order filed_______________.


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