Scally v. Arsaunt et al
Filing
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ORDER Directing Plaintiff to Provide Further Information About Defendant "Berry" Within Thirty (30) Days signed by Magistrate Judge Michael J. Seng on 5/16/2017. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TONY EUGENE SCALLY,
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Plaintiff,
v.
N. ARSUANT,
CASE No. 1:16-cv-01237-MJS
ORDER DIRECTING PLAINTIFF TO
PROVIDE
FURTHER
INFORMATION
ABOUT DEFENDANT “BERRY”
THIRTY DAY DEADLINE
Defendant.
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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights
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action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s First
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Amendment religious exercise and Fourteenth Amendment Equal Protection claims
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against Defendants Sergeants Arsaunt and Berry of California State Prison (“CSP”) in
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Corcoran, California. As the first attempt at service on Defendant Berry was returned
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unexecuted (ECF No. 18), the Court directed the United States Marshal (“USM”) to
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contact the Litigation Coordinator at CSP to request his or her assistance in locating
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Defendant Berry. (ECF No. 19.) On May 15, 2017, the summons was again returned
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unexecuted; in the remarks section of the USM-285, the Marshal wrote “Per the
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Litigation Coordinator, CSP Corcoran has never employed a Sgt. Berry. This was
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confirmed by personnel. They also checked all logs Nov. 2015. They will not accept
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service.” (ECF No. 20.)
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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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“Sergeant Berry” to assist the Court and USM in locating this Defendant. This includes,
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but is not limited to, any other names this Defendant was known by, any other positions
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he 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 16, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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