Trujillo v. Biter
ORDER for Plaintiff to Complete and Return Service Documents, signed by Magistrate Judge Erica P. Grosjean on 1/17/17. Thirty Day Deadline. (Attachment(s) # 1 USM Forms & Instructions) (Gonzalez, R).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GUILLERMO CRUZ TRUJILLO,
GOMEZ, et al.,
ORDER FOR PLAINTIFF TO
COMPLETE AND RETURN SERVICE
(ECF NO. 30)
Guillermo Trujillo ("Plaintiff") is a state prisoner proceeding pro se and in forma
pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On February 16, 2016,
Plaintiff filed the Third Amended Complaint. (ECF No. 17). The Court screened Plaintiff’s
Third Amended Complaint pursuant to 28 U.S.C. ' 1915A and found cognizable claims. (ECF
No. 19). After the service documents were sent to Plaintiff (ECF No. 21) and returned (ECF
No. 23), the Court ordered the United States Marshal Service (“the Marshal”) to serve the
defendants (ECF No. 24).
The U.S. Marshal attempted to serve defendant Juarez, but the summons was returned
(ECF No. 26).
According to the Marshal, the California Department of
Corrections and Rehabilitation (“CDCR”) informed the Marshal that defendant Juarez is no
longer employed at the CDCR and did not leave a forwarding address. (Id.). The Court
notified Plaintiff of this fact, and gave him 30 days to provide a valid address for defendant
Juarez. (ECF No. 27). Plaintiff then asked for an extension of that 30-day period (ECF No.
28), and for the opportunity to conduct limited discovery so that he could get defendant
Juarez’s address from the CDCR (ECF No. 29). The Court granted Plaintiff an extension, but
instead of ordering formal discovery at that time, provided the Office of the Attorney General
with an opportunity to submit any contact information it or the CDCR had for defendant Juarez
in lieu of formal document discovery. (ECF No. 30). The Office of the Attorney General
submitted a response (ECF No. 37), as well as address information for in camera review. The
Court has reviewed the address information, and it appears that the Office of the Attorney
General has provided the address for defendant Juarez. However, the Office of the Attorney
General wishes to keep the address information confidential from the Plaintiff. The Court thus
provides the following order to allow for service while maintaining the confidentiality of Mr.
Juarez’s address, unless and until it becomes relevant to the dispute.
According, it is HEREBY ORDERED THAT:
1. Within thirty (30) days from the date of this order, Plaintiff shall complete the
Notice of Submission of Documents and submit the completed Notice to the
Court with the following documents:
a. A completed summons, omitting the address. The address will be filled
in once it has been submitted to the Court;
b. A completed USM-285 form, omitting the address; The Address will be
filled in once it has been submitted to the Court; and
c. Two (2) copies of the endorsed Third Amended Complaint filed on
February 16, 2016;
2. Plaintiff need not attempt service on defendant Juarez and need not request
waiver of service. Upon receipt of the above-described documents, the Court
will direct the United States Marshal to serve defendant Juarez pursuant to
Federal Rule of Civil Procedure 4 without payment of costs; and
3. Failure to comply with this order may result in defendant Juarez being
dismissed from this action without prejudice.
IT IS SO ORDERED.
January 17, 2017
UNITED STATES MAGISTRATE JUDGE
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