Dell v. Espinoza, et al.
ORDER GRANTING Plaintiff's 12 Motion for forms ; ORDERED Clerk to re-send Plaintiff service documents for Correctional Officer R. Espinoza; R. Roque, Sgt. C. James, Dr. S. Barnett and Lt. L.A. Martinez, signed by Magistrate Judge Michael J. Seng on 04/04/17. (30-Day Deadline) (Attachments: # 1 USM Prisoner Instructions, # 2 Complaint, dated 11/22/16) (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JONATHAN L. DELL,
CASE No. 1:16-cv-1769-MJS (PC)
ORDER GRANTING PLAINTIFF’S
MOTION FOR FORMS
(ECF NO. 11)
R. ESPINOZA et al.,
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a
magistrate judge. (ECF No. 8.)
On February 28, 2017, Plaintiff was directed to submit certain documents
necessary to effectuate service on Defendants Correctional Officers R. Espinoza and R.
Roque, Sgt. C. James, Dr. S. Barnett, and Lt. L.A. Martinez. (ECF No. 11.) That Order
also directed the Clerk of the Court to send Plaintiff five (5) USM-285 forms, five (5)
summons, a Notice of Submission of Documents form, an instruction sheet and a copy
of the complaint filed November 22, 2016.
Plaintiff has now filed a motion requesting another set of USM-285 and summons
forms. (ECF No. 12.) This letter is signed February 18, 2017, thereby pre-dating the
February 28, 2017, Order, but it was filed on March 9, 2017. Since the timing of Plaintiff’s
motion renders it unclear if Plaintiff did in fact receive the forms that the Clerk of the
Court was directed to send, the undersigned will direct the Clerk to re-send these
Accordingly, it is HEREBY ORDERED that:
1. Plaintiff’s motion for forms (ECF No. 12) is GRANTED; and
2. The Clerk of the Court shall re-send Plaintiff five (5) USM-285 forms, five
(5) summons, a Notice of Submission of Documents form, an instruction
sheet and a copy of the complaint filed November 22, 2016;
3. Within thirty (30) days from the date of this order, Plaintiff shall complete
and return to the Court the notice of submission of documents along with
the following documents:
a. Completed summons,
b. One completed USM-285 form for Correctional Officers R. Espinoza
and R. Roque, Sgt. C. James, Dr. S. Barnett, and Lt. L.A. Martinez;
c. Six (6) copies of the endorsed complaint filed November 22, 2016;
4. Upon receipt of the above-described documents, the Court shall direct the
United States Marshal to serve the above-named Defendants pursuant to
Federal Rule of Civil Procedure 4 without payment of costs; and
5. Failure to comply with this order may result in the dismissal of this action.
IT IS SO ORDERED.
April 4, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?