Simonson v. Singh et al
ORDER Directing Plaintiff to Provide Further Information About T. Singh, signed by Magistrate Judge Michael J. Seng on 5/17/17. 30-Day Deadline. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE No. 1:16-cv-00126-LJO-MJS
ORDER DIRECTING PLAINTIFF TO
ABOUT DEFENDANT “T. SINGH”
THIRTY DAY DEADLINE
Plaintiff is a county jail inmate proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s
Eighth Amendment excessive force claim against Defendant Officer T. Singh. As the
first attempt at service on Defendant Singh was returned unexecuted (ECF No. 27), the
Court directed the United States Marshal (“USM”) to contact the Litigation Coordinator at
the Stanislaus County Jail to request his or her assistance in locating Defendant Singh.
(ECF No. 29.) On May 15, 2017, the summons was again returned unexecuted; in the
remarks section of the USM-285, the Marshal wrote “Per the Undersheriff R. Ghimenti,
the Stanislaus Sheriff’s Department does NOT emplo[y] a T. Singh in any capacity. They
will not accept service.” (ECF No. 30.)
The Court and the United States Marshal (“USM”) have a statutory duty to serve
process on Plaintiff’s behalf. However, they cannot do so unless they are able to locate
the Defendant. Accordingly, Plaintiff is DIRECTED to, within thirty (30) days of this
order, provide any and all additional information available to him regarding the identity of
“T. Singh” to assist the Court and USM in locating this Defendant. This includes, but is
not limited to, any other names this Defendant was known by, any other positions he
may have held, or a detailed description of this Defendant’s physical appearance. If
Plaintiff has in his possession copies of grievances or any other paperwork that may
assist the Court in identifying this Defendant, he is encouraged to submit them.
IT IS SO ORDERED.
May 17, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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