Hernandez v. Yates et al

Filing 28

ORDER Requiring Plaintiff to Provide Further Identifying Information for Defendant Bond, signed by Magistrate Judge Sheila K. Oberto on 8/29/2011. Thirty-Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RUBEN HERNANDEZ,

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Plaintiff,

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CASE NO. 1:08-cv-00153-OWW-SKO PC
ORDER REQUIRING PLAINTIFF TO
PROVIDE FURTHER IDENTIFYING
INFORMATION FOR DEFENDANT BOND

v.
JAMES YATES, et al.,

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(Docs. 17 and 20)

Defendants.

THIRTY-DAY DEADLINE
/

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Plaintiff Ruben Hernandez, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on December 18, 2007. On February 10, 2011,

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the United States Marshal was directed to initiate service of process. The service packet for

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Defendant Bond was returned un-executed on March 31, 2011, because the facility was unable to

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identify an employee by that name.

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Plaintiff identified Defendant Bond as the Chief Medical Officer, a position which should

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make Bond readily available if Plaintiff provided an accurate last name and title. Plaintiff shall

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provide further identifying information regarding Defendant Bond, preferably in the form of a prison

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record bearing Defendant’s name, if possible. If Plaintiff has no further information to provide, he

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shall notify the Court whether or not he is certain that Defendant’s last name is correctly spelled and

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that Defendant held the position of Chief Medical Officer at Pleasant Valley State Prison. The Court

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will take further action regarding service on Defendant Bond once it is in receipt of Plaintiff’s

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response.

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Accordingly, it is HEREBY ORDERED that within thirty (30) days from the date of service
of this order, Plaintiff shall:

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Provide further identifying information for Defendant Bond, preferably in the form
of a prison record, if available; or

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2.

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If no further information is available, notify the Court whether or not he is certain of
Defendant’s last name and position.

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IT IS SO ORDERED.

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Dated:
ie14hj

August 29, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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