Caputo v. Kern County Sheriff's Office

Filing 57

ORDER Requiring Status Report re 54 , signed by Magistrate Judge Erica P. Grosjean on 10/11/17. 21-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 BRIAN CAPUTO, Plaintiff, 10 11 12 13 Case No. 1:15-cv-01008-EPG (PC) ORDER REQUIRING STATUS REPORT v. (ECF NO. 54) GONZALEZ, Defendant. TWENTY-ONE DAY DEADLINE 14 15 16 On June 29, 2017, the United States Marshals Service (“USMS”) returned the summons 17 unexecuted as to Deputy Gonzalez because Deputy Gonzalez was no longer employed by Kern 18 County and did not leave a forwarding address. (ECF No. 49). On July 7, 2017, the Court 19 granted Plaintiff’s motion for the issuance of a subpoena upon Kern County Sherriff’s Office 20 by the USMS without prepayment of costs so that Plaintiff could request documents regarding 21 the full name and last known address of Deputy Gonzalez. (ECF No. 51). 22 After Plaintiff completed and returned the subpoena and Form USM-285 (ECF No. 52), 23 the Court directed the USMS to serve the subpoena. (ECF No. 53). On August 16, 2017, the 24 USMS filed a certificate of service, which stated that the subpoena was personally served on 25 August 10, 2017. (ECF No. 54). 26 It has now been two months since Kern County Sheriff’s Office was served with the 27 subpoena, and Plaintiff has not requested additional service documents so that he can complete 28 and return them with an updated address for Deputy Gonzalez, filed a motion to compel, or 1 1 filed a request for additional discovery. 2 Accordingly, IT IS ORDERED that Plaintiff has twenty-one days from the date of 3 service of this order to provide a status report regarding his efforts to obtain the full name and 4 last known address of Deputy Gonzalez. 5 Failure to comply with this order may result in the dismissal of this action. 6 7 8 IT IS SO ORDERED. Dated: October 11, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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