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