Scally v. Arsaunt et al

Filing 22

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONY EUGENE SCALLY, 12 13 14 15 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. 16 17 18 Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights 19 action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s First 20 Amendment religious exercise and Fourteenth Amendment Equal Protection claims 21 against Defendants Sergeants Arsaunt and Berry of California State Prison (“CSP”) in 22 Corcoran, California. As the first attempt at service on Defendant Berry was returned 23 unexecuted (ECF No. 18), the Court directed the United States Marshal (“USM”) to 24 contact the Litigation Coordinator at CSP to request his or her assistance in locating 25 Defendant Berry. (ECF No. 19.) On May 15, 2017, the summons was again returned 26 unexecuted; in the remarks section of the USM-285, the Marshal wrote “Per the 27 Litigation Coordinator, CSP Corcoran has never employed a Sgt. Berry. This was 28 1 confirmed by personnel. They also checked all logs Nov. 2015. They will not accept 2 service.” (ECF No. 20.) 3 The Court and the United States Marshal (“USM”) have a statutory duty to serve 4 process on Plaintiff’s behalf. However, they cannot do so unless they are able to locate 5 the Defendant. Accordingly, Plaintiff is DIRECTED to, within thirty (30) days of this 6 order, provide any and all additional information available to him regarding the identity of 7 “Sergeant Berry” to assist the Court and USM in locating this Defendant. This includes, 8 but is not limited to, any other names this Defendant was known by, any other positions 9 he may have held, or a detailed description of this Defendant’s physical appearance. If 10 Plaintiff has in his possession copies of grievances or any other paperwork that may 11 assist the Court in identifying this Defendant, he is encouraged to submit them. 12 13 14 IT IS SO ORDERED. Dated: May 16, 2017 /s/ 15 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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