Jacobsen v. Curran et al

Filing 14

ORDER for Resubmission of Service Documents, signed by Magistrate Judge Michael J. Seng on 1/17/17.(Case Management Deadline:30-Day Deadline) (Attachments: # 1 USM Prisoner Instructions, # 2 First Amended Complaint, dated 11/9/16)(Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL NEIL JACOBSEN, 11 12 13 14 Plaintiff, CASE No. 1:16-cv-01050-MJS (PC) ORDER FOR RESUBMISSION SERVICE DOCUMENTS OF v. THIRTY (30) DAY DEADLINE OFFICER CURRAN, et al., Defendants. 15 16 17 Plaintiff is a county inmate proceeding pro se and in forma pauperis in this civil 18 rights action brought pursuant to 42 U.S.C. § 1983. On December 12, 2016, the Court 19 concluded that Plaintiff’s First Amended Complaint stated cognizable Fourteenth 20 Amendment claims for inadequate medical care against Defendants Curran, Dulces, and 21 Does 1-11. Plaintiff was ordered to submit service documents to initiate service on 22 Defendants Curran and Dulces. 23 On January 4, 2017, Plaintiff purported to submit his service documents. 24 However, the documents submitted by Plaintiff do not comply with the Court’s order. He 25 did not complete the summons or USM-285 Forms, other than to include the case name 26 and number. He did not provide copies of his first amended complaint, as instructed. The 27 Court will provide Plaintiff another opportunity to cure these defects. 28 Based on the foregoing, it is HEREBY ORDERED that: 1 1. The Clerk of the Court shall re-send Plaintiff two (2) USM-285 forms, two 2 (2) summons, a Notice of Submission of Documents form, an instruction 3 sheet and a copy of the first amended complaint filed November 9, 2016; 4 2. Within thirty (30) days from the date of this order, Plaintiff shall complete 5 and return to the Court the Notice of Submission of Documents along with 6 the following documents: 7 a. One completed summons for each Defendant listed above, 8 b. One completed USM-285 form for each Defendant listed above, 9 c. Three (3) copies of the endorsed first amended complaint filed 10 November 9, 2016; 11 3. Plaintiff need not attempt service on Defendant and need not request 12 waiver of service. Upon receipt of the above-described documents, the 13 Court shall direct the United States Marshal to serve the above-named 14 Defendant pursuant to Federal Rule of Civil Procedure 4 without payment 15 of costs; and 16 4. The failure to submit completed documents and the required copies of the 17 complaint will result in dismissal of this action. 18 19 20 IT IS SO ORDERED. Dated: January 17, 2017 /s/ 21 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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