Ricker v. California Department of Corrections Medical Department et al

Filing 25

ORDER Requiring Plaintiff to Submit Additional Information for Service of Defendants, signed by Magistrate Judge Gerald B. Cohn on 4/7/11. Plaintiff's Response due 5/16/2011. (Verduzco, M)

(PC) Ricker v. California Department of Corrections Medical Department et al

Doc. 25

1 2 3 4 5 6 7 8 9 PHILLIP T. RICKER, 10 Plaintiff, 11 v. 12 13 14 Defendants. 15 / 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER Plaintiff Phillip T. Ricker ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's Complaint, filed August 14, 2009, against Defendants LVN Tellorbes, Sgt. Anderson, RN Hicks, La Vann, LVN E. Lopez, C/O Stinger, LVN Alaape, and C/O Lambert for deliberate indifference to Plaintiff's medical needs in violation of the Eighth Amendment. Because Plaintiff is proceeding in forma pauperis, the Court must appoint the United States Marshal to serve each Defendant with a summons and complaint. Fed. R. Civ. Pro. 4(c)(2). Plaintiff submitted completed USM-285 forms indicating that Defendants Alaape and Tellorbes could be served at Corcoran State Prison. However, when service was CALIFORNIA DEPARTMENT OF CORRECTIONS MEDICAL DEPARTMENT, et al., PLAINTIFF'S RESPONSE DUE 5/16/2011 ORDER REQUIRING PLAINTIFF TO SUBMIT ADDITIONAL INFORMATION FOR SERVICE OF DEFENDANTS CASE NO. 1:09-cv-01433-LJO-GBC (PC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

attempted at Corcoran, the forms were returned with a notation that neither Defendant was 1
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ever employed there nor could either be located by the "CDC locator database." Ultimately, Plaintiff bears the burden of providing the Marshall's service with sufficient information to serve a defendant. See Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994). Accordingly, the Court ORDERS Plaintiff to provide the Court with further information to assist the Marshal in serving LVN Alaape and LVN Tellorbes. Such information must be provided to the Court by May 16, 2011. Failure to respond or meet this deadline and/or failure to provide accurate information for Defendants Alaape and/or Tellorbes may result in dismissal of these Defendants. IT IS SO ORDERED. Dated: 1j0bbc April 7, 2011 UNITED STATES MAGISTRATE JUDGE

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