Purtue v. Kearnes et al
Filing
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ORDER DISCHARGING 13 Order to Show Cause Why Defendants Should Not be Dismissed Pursuant to Federal Rule of Civil Procedure 4(M), signed by Magistrate Judge Stanley A. Boone on 10/18/16. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL PURTUE,
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Plaintiff,
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v.
B. KEARNES, et al.,
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Defendants.
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Case No.: 1:15-cv-00551-SAB (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE WHY DEFENDANTS SHOULD NOT BE
DISMISSED PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 4(M)
[ECF No. 13]
Plaintiff Michael Purtue is appearing pro se and in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983.
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This action proceeds on Plaintiff’s second amended complaint against Defendants Rizer,
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Eberle, Meyers, J. Emerson, R. Sanchez, J. Chavez, B. Mello, L. Lundy, and D. Magallance on
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Plaintiff’s Eighth Amendment medical care claim. The Marshal was not able to locate Defendants J.
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Chavez, Meyers, and S. Rizer and service was returned un-executed on September 22, 2016.
On September 26, 2016, the Court issued an order to show cause why Defendants Chavez,
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Meyers and Rizer should be dismissed pursuant to Federal Rule of Civil Procedure 4(m). (ECF No.
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13.)
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Plaintiff filed a response to the order to show cause on October 13, 2016. (ECF No. 14.)
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Although the Court’s September 26, 2016, order inadvertently stated that Defendants were attempted
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to be served at Pelican Bay State Prison, service was correctly attempted at California Correctional
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Institution in Tehachapi California. (ECF No. 12.) Nonetheless, based on the information in Plaintiff’s
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response to the order to show cause, the Court will discharge the order to show cause and in a separate
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order direct the United States Marshal to attempt re-service on Defendants. However, Plaintiff is
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advised that if the United States Marshal is again unable to locate these Defendants, they will be
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subject to dismissal under Rule 4(m).
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IT IS SO ORDERED.
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Dated:
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October 18, 2016
UNITED STATES MAGISTRATE JUDGE
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