Misko v. Sullivan et al
Filing
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ORDER for Plaintiff to Provide Information to Enable Service of Process Upon Defendant X. Cleinlin Within Thirty (30) Days, signed by Magistrate Judge Barbara A. McAuliffe on 11/21/2012. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN T. MISKO,
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Plaintiff,
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CASE NO. 1:10-cv-00713-BAM PC
ORDER FOR PLAINTIFF TO PROVIDE
INFORMATION TO ENABLE SERVICE OF
PROCESS UPON DEFENDANT X. CLEINLIN
v.
WILLIAM SULLIVAN, et al.,
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(ECF Nos. 25, 29)
Defendants.
THIRTY DAY DEADLINE
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Plaintiff John T. Misko (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on
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April 23, 2010. This action is proceeding on Plaintiff’s amended complaint filed on December
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27, 2010, against Defendants Cleinlin, Priest, Williams, and Tate for deliberate indifference in
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violation of the Eighth Amendment.
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II.
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SERVICE BY UNITED STATES MARSHAL
On December 13, 2011, the Court issued an order directing the United States Marshal to
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attempt service of process upon Defendants Cleinlin, Priest, Williams, and Tate using the
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assistance of the CDCR’s Department of Legal Affairs. (ECF No. 18.) The Marshal was
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successful in serving Defendants Priest, Williams, and Tate , but unsuccessful in serving
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Defendant Cleinlin. (ECF Nos. 25.) On June 20, 2012, an order issued directing the Marshal to
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serve Defendant Cleinlin with a copy of a document signed by the defendant. (ECF No. 27.) On
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November 19, 2012, a copy of the summons was returned unexecuted. (ECF No. 29.) Defendant
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Cleinlin remains unserved in this action.
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The Marshal's return of service as to Defendant Cleinlin included information from a
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special investigator with the Office of Legal Affairs who was unable to identify Defendant
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Cleinlin. (ECF No. 25.) The second attempt at service using the documents provided by the
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Court also proved to be unsuccessful at identifying the defendant. (ECF No. 29.) In order for the
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for the Marshal to effect service of process, the Marshal and the CDCR must be able to identify
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and locate the defendant. Plaintiff has identified this defendant as MTA X. Cleinlin, however the
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signature of the defendant on the documents provided by Plaintiff is barely legible.
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Before the Court will issue a third service order, Plaintiff must provide the full name and
current address of this defendant. If Plaintiff is unable to provide a full name, he must provide
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alternate information – such as a partial name, title, gender, work assignment, work schedule, etc.
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– sufficient for the Marshal or the CDCR to identify the defendant for service. If Plaintiff is
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unable to provide a current address for this defendant, he must at least provide a last-known
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address and any other available information to enable the Marshal to locate the defendant.
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Plaintiff is cautioned that service cannot go forward unless he provides enough information, and
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unsuccessful service may result in this defendant being dismissed from this action. It is
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Plaintiff's responsibility to identify the defendants named in his complaint. Plaintiff shall be
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granted thirty days in which to respond to this order with additional information about the
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unserved defendant.
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III.
CONCLUSION
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Within thirty days from the date of service of this order, Plaintiff shall send a
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written response to the Court, providing the full name and current address of
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Defendant X. Cleinlin for purposes of service in this action;
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2.
If Plaintiff is unable to provide a full name and current address, he must supply
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sufficient alternate information, such as a partial name, title, work assignment,
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work schedule, last known address, or other similar information to enable the
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United States Marshal and the CDCR to identify and locate Defendant Cleinlin for
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service of process in this action; and
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3.
Plaintiff’s failure to provide sufficient information for service of Defendant
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Cleinlin shall result in the dismissal of this defendant from this action for failure
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to serve process.
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IT IS SO ORDERED.
Dated:
10c20k
November 21, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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