Voss v. Baker

Filing 56

ORDER authorizing service of 1 Prisoner Civil Rights Complaint on Brian Baker and directing Clerk to complete service documents signed by Magistrate Judge Erica P. Grosjean on 7/18/2018. (Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 CRAIG WILLIAM VOSS, Plaintiff, 12 13 14 15 16 17 v. Case No. 1:17-cv-00626-DAD-EPG (PC) ORDER AUTHORIZING SERVICE OF COMPLAINT AND DIRECTING CLERK TO COMPLETE SERVICE DOCUMENTS BRIAN BAKER, Defendant. (ECF NO. 1) Craig Voss (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 18 On June 13, 2017, the Court found service of the complaint appropriate, and directed 19 Plaintiff to complete and return service documents. (ECF No. 11). After Plaintiff completed 20 and returned those documents, the Court directed the United States Marshals Service 21 (“USMS”) to serve defendant Baker. (ECF No. 13). The summons was returned unexecuted. 22 (ECF No. 14). The USMS served Plaintiff at the address provided, but California Correctional 23 Institution (“CCI”) was unable to accept service on behalf of defendant Baker. (Id.). CCI 24 provided the USMS with the address it had on file for defendant Baker, but the waiver of 25 service was returned as undeliverable when it was mailed to that address. (Id.). 26 After some discovery, the Court has been provided with two addresses for defendant 27 Baker. Therefore, the Court will once again authorize service, and will direct the Clerk of 28 Court to prepare the service documents. 1 1 Accordingly, based on the foregoing, it is HEREBY ORDERED that: 2 1. Service is appropriate for the following defendant(s): 3 a. Brian Baker, a licensed vocational nurse at California Correctional 4 Institution in 2016. 5 2. The Clerk of Court is directed to prepare the service documents for this case, but 6 shall leave all sections asking for Defendant’s address blank. When the Clerk 7 forwards the service documents to the United States Marshals Service, the Clerk 8 shall also send Defendant’s addresses to the United States Marshals Service in 9 an envelope marked confidential. 10 11 12 IT IS SO ORDERED. Dated: July 18, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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