Dell v. Espinoza, et al.

Filing 18

ORDER for Service Documents for Defendant Espinoza, signed by Magistrate Judge Michael J. Seng on 5/16/17: 30-Day Deadline. (Hellings, J)

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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 FOR SERVICE DOCUMENTS FOR DEFENDANT ESPINOZA v. THIRTY-DAY DEADLINE R. ESPINOZA et al., 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. 20 This action proceeds on Plaintiff’s Complaint on an Eighth Amendment excessive 21 force claim against Corcoran State Prison (“CSP”) Correctional Officers Espinoza and 22 Roque, a failure to protect claim against Sergeant James, and a deliberate indifference 23 claim against Dr. Barnett and Lt. Martinez. (ECF Nos. 1, 9.) The incidents underlying this 24 action occurred at CSP in August 2014. 25 Recently, a summons was returned unexecuted as to CO Espinoza. (ECF No. 26 16.) Per the unexecuted summons, this Defendant was “[t]erminated in 2005.” Since 27 Plaintiff must provide correct information about this Defendant for service of process, 28 Plaintiff will be directed to submit new information for Defendant Espinoza within thirty 1 1 days. Failure to do so may result in the dismissal of Plaintiff’s claim against this 2 Defendant pursuant to Federal Rule of Civil Procedure 4(m). 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Clerk of the Court shall mail Plaintiff a USM-285 form; 5 2. Within thirty days from the date of this order, Plaintiff must submit the 6 completed form and provide new instructions for service of process upon 7 Defendant Espinoza; and 8 3. Failure to comply with this Order or to show good cause for failure will result in 9 the dismissal of Defendant Espinoza from this action. 10 11 12 13 IT IS SO ORDERED. Dated: May 16, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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