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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN L. DELL,

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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.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a

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magistrate judge. (ECF No. 8.)

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On February 28, 2017, Plaintiff was directed to submit certain documents

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necessary to effectuate service on Defendants Correctional Officers R. Espinoza and R.

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Roque, Sgt. C. James, Dr. S. Barnett, and Lt. L.A. Martinez. (ECF No. 11.) That Order

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also directed the Clerk of the Court to send Plaintiff five (5) USM-285 forms, five (5)

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summons, a Notice of Submission of Documents form, an instruction sheet and a copy

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of the complaint filed November 22, 2016.

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Plaintiff has now filed a motion requesting another set of USM-285 and summons

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forms. (ECF No. 12.) This letter is signed February 18, 2017, thereby pre-dating the

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February 28, 2017, Order, but it was filed on March 9, 2017. Since the timing of Plaintiff’s

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motion renders it unclear if Plaintiff did in fact receive the forms that the Clerk of the

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Court was directed to send, the undersigned will direct the Clerk to re-send these

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documents.

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Accordingly, it is HEREBY ORDERED that:

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1. Plaintiff’s motion for forms (ECF No. 12) is GRANTED; and

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2. The Clerk of the Court shall re-send Plaintiff five (5) USM-285 forms, five

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(5) summons, a Notice of Submission of Documents form, an instruction

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sheet and a copy of the complaint filed November 22, 2016;

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3. Within thirty (30) days from the date of this order, Plaintiff shall complete

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and return to the Court the notice of submission of documents along with

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the following documents:

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a. Completed summons,

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b. One completed USM-285 form for Correctional Officers R. Espinoza

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and R. Roque, Sgt. C. James, Dr. S. Barnett, and Lt. L.A. Martinez;

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and

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c. Six (6) copies of the endorsed complaint filed November 22, 2016;

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4. Upon receipt of the above-described documents, the Court shall direct the

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United States Marshal to serve the above-named Defendants pursuant to

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Federal Rule of Civil Procedure 4 without payment of costs; and

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5. Failure to comply with this order may result in the dismissal of this action.

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IT IS SO ORDERED.
Dated:

April 4, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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