Dell v. Espinoza, et al.

Filing 13

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN L. DELL, 12 13 14 15 Plaintiff, CASE No. 1:16-cv-1769-MJS (PC) ORDER GRANTING PLAINTIFF’S MOTION FOR FORMS v. (ECF NO. 11) R. ESPINOZA et al., THIRTY-DAY DEADLINE Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights 18 action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a 19 magistrate judge. (ECF No. 8.) 20 On February 28, 2017, Plaintiff was directed to submit certain documents 21 necessary to effectuate service on Defendants Correctional Officers R. Espinoza and R. 22 Roque, Sgt. C. James, Dr. S. Barnett, and Lt. L.A. Martinez. (ECF No. 11.) That Order 23 also directed the Clerk of the Court to send Plaintiff five (5) USM-285 forms, five (5) 24 summons, a Notice of Submission of Documents form, an instruction sheet and a copy 25 of the complaint filed November 22, 2016. 26 Plaintiff has now filed a motion requesting another set of USM-285 and summons 27 forms. (ECF No. 12.) This letter is signed February 18, 2017, thereby pre-dating the 28 February 28, 2017, Order, but it was filed on March 9, 2017. Since the timing of Plaintiff’s 1 1 motion renders it unclear if Plaintiff did in fact receive the forms that the Clerk of the 2 Court was directed to send, the undersigned will direct the Clerk to re-send these 3 documents. 4 Accordingly, it is HEREBY ORDERED that: 5 1. Plaintiff’s motion for forms (ECF No. 12) is GRANTED; and 6 2. The Clerk of the Court shall re-send Plaintiff five (5) USM-285 forms, five 7 (5) summons, a Notice of Submission of Documents form, an instruction 8 sheet and a copy of the complaint filed November 22, 2016; 9 3. Within thirty (30) days from the date of this order, Plaintiff shall complete 10 and return to the Court the notice of submission of documents along with 11 the following documents: 12 a. Completed summons, 13 b. One completed USM-285 form for Correctional Officers R. Espinoza 14 and R. Roque, Sgt. C. James, Dr. S. Barnett, and Lt. L.A. Martinez; 15 and 16 c. Six (6) copies of the endorsed complaint filed November 22, 2016; 17 4. Upon receipt of the above-described documents, the Court shall direct the 18 United States Marshal to serve the above-named Defendants pursuant to 19 Federal Rule of Civil Procedure 4 without payment of costs; and 20 5. Failure to comply with this order may result in the dismissal of this action. 21 22 23 24 IT IS SO ORDERED. Dated: April 4, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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