Johnson v. North Kern State Prison et al

Filing 22

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CEDRIC CHESTER JOHNSON, 12 13 Plaintiff, v. 14 NORTH KERN STATE PRISON, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) 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) 17 18 Plaintiff Cedric Chester Johnson (“Plaintiff”), a state inmate in the custody of the California 19 Department of Corrections and Rehabilitation (“CDCR”), is proceeding pro se and in forma pauperis 20 in this civil rights action pursuant to 42 U.S.C. § 1983. 21 On January 26, 2017, the Court issued an order directing Plaintiff to show cause, within thirty 22 (30) days after service, why Defendants Rocha, Jones and Mrs. K should not be dismissed from this 23 action due to Plaintiff’s failure to provide accurate and sufficient information to identify these 24 defendants to effectuate service of process. (Doc. 20). 25 On February 10, 2017, Plaintiff filed the instant motion for a thirty (30) or sixty (60) day 26 extension of time to respond to the Court’s show cause order. Plaintiff explains that his family 27 contacted the prison to obtain information on Defendants Speakman, Jones, Rocha and Mrs. K, but the 28 prison refused to provide any information. Plaintiff requests that the Court send him blank copies of 1 1 the summonses to fill out for the Marshals for re-service. Additionally, Plaintiff mentions that he will 2 be released from prison soon. (Doc. 21). 3 In the absence of additional information regarding the unserved defendants, the Court will not 4 provide blank summonses to Plaintiff for completion and return. Instead, before the Court will issue 5 another service order, Plaintiff must provide the full name of Defendants Rocha, Jones and Mrs. K. If 6 he is unable to do so, he must provide alternate information – such as a partial name, title, gender, 7 work assignment, work schedule, etc. – sufficient for the U.S. Marshal or the CDCR to identify the 8 Defendants for service. 9 Plaintiff is cautioned that service cannot go forward unless he provides enough information, 10 and unsuccessful service may result in the unserved Defendants being dismissed from this action. It is 11 Plaintiff’s responsibility to sufficiently identify the defendants named in his lawsuit. Plaintiff shall be 12 granted thirty days in which to respond to the show cause order with additional information about the 13 unserved Defendants. 14 For these reasons, IT IS HEREBY ORDERED that: 15 1. Within thirty (30) days from the date of service of this order, Plaintiff shall send a written 16 response to the Court, providing the full name of Defendants Rocha, Jones and Mrs. K for purposes of 17 service in this action. If he is unable to do so, he shall supply sufficient alternate information, such as a 18 partial name, title, work assignment, work schedule, or other similar information to enable the United 19 States Marshal and the CDCR to identify and locate these Defendants for service of process in this 20 action; and 21 2. Plaintiff is warned that the failure to provide sufficient information for service of Defendants 22 Rocha, Jones and Mrs. K shall result in the dismissal of any unserved defendant from this action for 23 failure to serve process. 24 25 26 27 IT IS SO ORDERED. Dated: /s/ Barbara February 13, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 2

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