Agnes v. Joseph et al
ORDER Requiring Plaintiff to Furnish Further Information for Initiation of Service of Process 17 , signed by Magistrate Judge Gerald B. Cohn on 8/31/11. (Verduzco, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER REQUIRING PLAINTIFF TO
FURNISH FURTHER INFORMATION FOR
INITIATION OF SERVICE OF PROCESS
NURSE JOSEPH, et al.,
(ECF No. 17)
Plaintiff Mark Agnes (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding
on Plaintiff’s original Complaint, filed May 10, 2010, against Defendants Dixon and Joseph
deliberate indifference to medical needs in violation of the Eighth Amendment. (ECF Nos.
1 & 11.) 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). However, the Marshal cannot locate and serve unidentified defendants.
On July 7, 2011, the United States Marshal returned the summons and USM-285
form for Defendant Dixon unexecuted. (ECF No. 17.) The Marshal attempted to secure
a waiver of service, but was unsuccessful.
Coordinator at Wasco State Prison who asserted that Dixon is not employed there. The
Marshal then checked the California Department of Corrections and Rehabilitation (CDCR)
Locator and was unable to locate Dixon in the database.
The Marshal contacted the Litigation
Within thirty days from the date of service of this Order, Plaintiff shall provide the
Court with further information to assist the Marshal in serving Defendant Dixon. If Plaintiff
can remember any details that might assist the Court and the Marshal, Plaintiff shall so
inform the Court. For example, what title and/or rank was Defendant? What area of the
prison did Defendant work on the date(s) in question? What hours did Defendant work on
the date(s) in question? Can Plaintiff recall any physical attributes of Defendant, such as
age, gender, hair color, eye color, height, weight, and the like? Does Plaintiff remember
anything that might differentiate Defendant from other officers who bear that same name?
Based on the foregoing, it is HEREBY ORDERED that within thirty (30) days from
the date of service of this Order, Plaintiff shall provide the Court with any and all
information he has that might help the Marshal identify and serve Defendant Dixon.
IT IS SO ORDERED.
August 31, 2011
UNITED STATES MAGISTRATE JUDGE
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