Simonson v. Singh et al

Filing 31

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CRAIG SIMONSON,

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Plaintiff,
v.
T. SINGH,

CASE No. 1:16-cv-00126-LJO-MJS
ORDER DIRECTING PLAINTIFF TO
PROVIDE
FURTHER
INFORMATION
ABOUT DEFENDANT “T. SINGH”
THIRTY DAY DEADLINE

Defendant.

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Plaintiff is a county jail inmate proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s

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Eighth Amendment excessive force claim against Defendant Officer T. Singh. As the

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first attempt at service on Defendant Singh was returned unexecuted (ECF No. 27), the

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Court directed the United States Marshal (“USM”) to contact the Litigation Coordinator at

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the Stanislaus County Jail to request his or her assistance in locating Defendant Singh.

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(ECF No. 29.) On May 15, 2017, the summons was again returned unexecuted; in the

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remarks section of the USM-285, the Marshal wrote “Per the Undersheriff R. Ghimenti,

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the Stanislaus Sheriff’s Department does NOT emplo[y] a T. Singh in any capacity. They

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will not accept service.” (ECF No. 30.)

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The Court and the United States Marshal (“USM”) have a statutory duty to serve

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process on Plaintiff’s behalf. However, they cannot do so unless they are able to locate

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the Defendant. Accordingly, Plaintiff is DIRECTED to, within thirty (30) days of this

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order, provide any and all additional information available to him regarding the identity of

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“T. Singh” to assist the Court and USM in locating this Defendant. This includes, but is

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not limited to, any other names this Defendant was known by, any other positions he

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may have held, or a detailed description of this Defendant’s physical appearance. If

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Plaintiff has in his possession copies of grievances or any other paperwork that may

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assist the Court in identifying this Defendant, he is encouraged to submit them.

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IT IS SO ORDERED.
Dated:

May 17, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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