Jacobsen v. Curran et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL NEIL JACOBSEN,
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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.
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Plaintiff is a county 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. On December 12, 2016, the Court
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concluded that Plaintiff’s First Amended Complaint stated cognizable Fourteenth
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Amendment claims for inadequate medical care against Defendants Curran, Dulces, and
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Does 1-11. Plaintiff was ordered to submit service documents to initiate service on
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Defendants Curran and Dulces.
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On January 4, 2017, Plaintiff purported to submit his service documents.
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However, the documents submitted by Plaintiff do not comply with the Court’s order. He
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did not complete the summons or USM-285 Forms, other than to include the case name
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and number. He did not provide copies of his first amended complaint, as instructed. The
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Court will provide Plaintiff another opportunity to cure these defects.
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Based on the foregoing, it is HEREBY ORDERED that:
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1. The Clerk of the Court shall re-send Plaintiff two (2) USM-285 forms, two
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(2) summons, a Notice of Submission of Documents form, an instruction
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sheet and a copy of the first amended complaint filed November 9, 2016;
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2. Within thirty (30) days from the date of this order, Plaintiff shall complete
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and return to the Court the Notice of Submission of Documents along with
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the following documents:
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a. One completed summons for each Defendant listed above,
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b. One completed USM-285 form for each Defendant listed above,
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c. Three (3) copies of the endorsed first amended complaint filed
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November 9, 2016;
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3. Plaintiff need not attempt service on Defendant and need not request
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waiver of service. Upon receipt of the above-described documents, the
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Court shall direct the United States Marshal to serve the above-named
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Defendant pursuant to Federal Rule of Civil Procedure 4 without payment
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of costs; and
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4. The failure to submit completed documents and the required copies of the
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complaint will result in dismissal of this action.
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IT IS SO ORDERED.
Dated:
January 17, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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