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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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 FOR SERVICE DOCUMENTS
FOR DEFENDANT ESPINOZA

v.
THIRTY-DAY DEADLINE
R. ESPINOZA et al.,
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.

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This action proceeds on Plaintiff’s Complaint on an Eighth Amendment excessive

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force claim against Corcoran State Prison (“CSP”) Correctional Officers Espinoza and

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Roque, a failure to protect claim against Sergeant James, and a deliberate indifference

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claim against Dr. Barnett and Lt. Martinez. (ECF Nos. 1, 9.) The incidents underlying this

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action occurred at CSP in August 2014.

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Recently, a summons was returned unexecuted as to CO Espinoza. (ECF No.

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16.) Per the unexecuted summons, this Defendant was “[t]erminated in 2005.” Since

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Plaintiff must provide correct information about this Defendant for service of process,

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Plaintiff will be directed to submit new information for Defendant Espinoza within thirty

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days. Failure to do so may result in the dismissal of Plaintiff’s claim against this

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Defendant pursuant to Federal Rule of Civil Procedure 4(m).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court shall mail Plaintiff a USM-285 form;

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2. Within thirty days from the date of this order, Plaintiff must submit the

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completed form and provide new instructions for service of process upon

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Defendant Espinoza; and

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3. Failure to comply with this Order or to show good cause for failure will result in

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the dismissal of Defendant Espinoza from this action.

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IT IS SO ORDERED.
Dated:

May 16, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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