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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARK AGNES, Plaintiff, 10 11 12 13 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. / 14 15 ORDER 16 Plaintiff Mark Agnes (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding 18 on Plaintiff’s original Complaint, filed May 10, 2010, against Defendants Dixon and Joseph 19 deliberate indifference to medical needs in violation of the Eighth Amendment. (ECF Nos. 20 1 & 11.) Because Plaintiff is proceeding in forma pauperis, the Court must appoint the 21 United States Marshal to serve each defendant with a summons and complaint. Fed. R. 22 Civ. Pro. 4(c)(2). However, the Marshal cannot locate and serve unidentified defendants. 23 On July 7, 2011, the United States Marshal returned the summons and USM-285 24 form for Defendant Dixon unexecuted. (ECF No. 17.) The Marshal attempted to secure 25 a waiver of service, but was unsuccessful. 26 Coordinator at Wasco State Prison who asserted that Dixon is not employed there. The 27 Marshal then checked the California Department of Corrections and Rehabilitation (CDCR) 28 Locator and was unable to locate Dixon in the database. 1 The Marshal contacted the Litigation 1 Within thirty days from the date of service of this Order, Plaintiff shall provide the 2 Court with further information to assist the Marshal in serving Defendant Dixon. If Plaintiff 3 can remember any details that might assist the Court and the Marshal, Plaintiff shall so 4 inform the Court. For example, what title and/or rank was Defendant? What area of the 5 prison did Defendant work on the date(s) in question? What hours did Defendant work on 6 the date(s) in question? Can Plaintiff recall any physical attributes of Defendant, such as 7 age, gender, hair color, eye color, height, weight, and the like? Does Plaintiff remember 8 anything that might differentiate Defendant from other officers who bear that same name? 9 Based on the foregoing, it is HEREBY ORDERED that within thirty (30) days from 10 the date of service of this Order, Plaintiff shall provide the Court with any and all 11 information he has that might help the Marshal identify and serve Defendant Dixon. 12 IT IS SO ORDERED. 13 14 Dated: 1j0bbc August 31, 2011 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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