Agnes v. Joseph et al

Filing 23

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARK AGNES,
Plaintiff,

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CASE NO.

1:10-cv-00807-AWI-GBC (PC)

ORDER REQUIRING PLAINTIFF TO
FURNISH FURTHER INFORMATION FOR
INITIATION OF SERVICE OF PROCESS

v.
NURSE JOSEPH, et al.,

(ECF No. 17)

Defendants.
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ORDER

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Plaintiff Mark Agnes (“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. This action is proceeding

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on Plaintiff’s original Complaint, filed May 10, 2010, against Defendants Dixon and Joseph

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deliberate indifference to medical needs in violation of the Eighth Amendment. (ECF Nos.

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1 & 11.) Because Plaintiff is proceeding in forma pauperis, the Court must appoint the

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United States Marshal to serve each defendant with a summons and complaint. Fed. R.

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Civ. Pro. 4(c)(2). However, the Marshal cannot locate and serve unidentified defendants.

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On July 7, 2011, the United States Marshal returned the summons and USM-285

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form for Defendant Dixon unexecuted. (ECF No. 17.) The Marshal attempted to secure

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a waiver of service, but was unsuccessful.

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Coordinator at Wasco State Prison who asserted that Dixon is not employed there. The

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Marshal then checked the California Department of Corrections and Rehabilitation (CDCR)

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Locator and was unable to locate Dixon in the database.
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The Marshal contacted the Litigation

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Within thirty days from the date of service of this Order, Plaintiff shall provide the

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Court with further information to assist the Marshal in serving Defendant Dixon. If Plaintiff

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can remember any details that might assist the Court and the Marshal, Plaintiff shall so

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inform the Court. For example, what title and/or rank was Defendant? What area of the

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prison did Defendant work on the date(s) in question? What hours did Defendant work on

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the date(s) in question? Can Plaintiff recall any physical attributes of Defendant, such as

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age, gender, hair color, eye color, height, weight, and the like? Does Plaintiff remember

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anything that might differentiate Defendant from other officers who bear that same name?

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Based on the foregoing, it is HEREBY ORDERED that within thirty (30) days from

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the date of service of this Order, Plaintiff shall provide the Court with any and all

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information he has that might help the Marshal identify and serve Defendant Dixon.

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IT IS SO ORDERED.

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Dated:
1j0bbc

August 31, 2011
UNITED STATES MAGISTRATE JUDGE

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