Johnson v. North Kern State Prison et al
Filing
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ORDER granting 21 MOTION for EXTENSION OF TIME to respond to 20 Order to Show Cause signed by Magistrate Judge Barbara A. McAuliffe on 2/13/2017. (Filing Deadline: 3/20/2017). (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CEDRIC CHESTER JOHNSON,
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Plaintiff,
v.
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NORTH KERN STATE PRISON, et al.,
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Defendants.
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Case No.: 1:16-cv-01371-DAD-BAM (PC)
ORDER GRANTING MOTION FOR EXTENSION
OF TIME TO RESPOND TO ORDER TO SHOW
CAUSE
(Doc. 21)
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Plaintiff Cedric Chester Johnson (“Plaintiff”), a state inmate in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”), is proceeding pro se and in forma pauperis
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in this civil rights action pursuant to 42 U.S.C. § 1983.
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On January 26, 2017, the Court issued an order directing Plaintiff to show cause, within thirty
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(30) days after service, why Defendants Rocha, Jones and Mrs. K should not be dismissed from this
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action due to Plaintiff’s failure to provide accurate and sufficient information to identify these
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defendants to effectuate service of process. (Doc. 20).
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On February 10, 2017, Plaintiff filed the instant motion for a thirty (30) or sixty (60) day
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extension of time to respond to the Court’s show cause order. Plaintiff explains that his family
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contacted the prison to obtain information on Defendants Speakman, Jones, Rocha and Mrs. K, but the
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prison refused to provide any information. Plaintiff requests that the Court send him blank copies of
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the summonses to fill out for the Marshals for re-service. Additionally, Plaintiff mentions that he will
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be released from prison soon. (Doc. 21).
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In the absence of additional information regarding the unserved defendants, the Court will not
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provide blank summonses to Plaintiff for completion and return. Instead, before the Court will issue
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another service order, Plaintiff must provide the full name of Defendants Rocha, Jones and Mrs. K. If
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he is unable to do so, he must provide alternate information – such as a partial name, title, gender,
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work assignment, work schedule, etc. – sufficient for the U.S. Marshal or the CDCR to identify the
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Defendants for service.
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Plaintiff is cautioned that service cannot go forward unless he provides enough information,
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and unsuccessful service may result in the unserved Defendants being dismissed from this action. It is
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Plaintiff’s responsibility to sufficiently identify the defendants named in his lawsuit. Plaintiff shall be
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granted thirty days in which to respond to the show cause order with additional information about the
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unserved Defendants.
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For these reasons, IT IS HEREBY ORDERED that:
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1. Within thirty (30) days from the date of service of this order, Plaintiff shall send a written
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response to the Court, providing the full name of Defendants Rocha, Jones and Mrs. K for purposes of
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service in this action. If he is unable to do so, he shall supply sufficient alternate information, such as a
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partial name, title, work assignment, work schedule, or other similar information to enable the United
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States Marshal and the CDCR to identify and locate these Defendants for service of process in this
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action; and
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2. Plaintiff is warned that the failure to provide sufficient information for service of Defendants
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Rocha, Jones and Mrs. K shall result in the dismissal of any unserved defendant from this action for
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failure to serve process.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
February 13, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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