Damon Newquist v. Soa et al

Filing 26

ORDER Requiring Plaintiff to Provide Additional Information to Effectuate Service of Process on Defendant Soa Within Twenty-One (21) Days signed by Magistrate Judge Sheila K. Oberto on 4/9/2019. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAMON NEWQUIST, 12 Plaintiff, 13 14 v. Case No. 1:17-cv-01150-LJO-SKO (PC) ORDER REQUIRING PLAINTIFF TO PROVIDE ADDITONAL INFORMATION TO EFFECTUATE SERVICE OF PROCESS ON DEFENDANT SOA SOA, et al., (Doc. 25) 15 Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff, Damon Newquist, is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. ' 1983. On April 4, 2019, the Court directed the 19 United States Marshal to serve Defendants Soa and Chen. (Doc. 24.) On April 8, 2019, the 20 Marshal returned the summons for Soa unexecuted. (Doc. 25.) The Marshal reported that 21 “KVSP is unable to identify a medical practitioner by the name of Soa in the past or at present.” 22 (Id.) 23 Plaintiff is given opportunity to provide all additional information he believes might assist 24 in identifying or locating this Defendant. The First Amended Complaint indicates that Defendant 25 Soa was involved in providing Plaintiff medical care and/or treatment. If Plaintiff has any 26 records reflecting the name or signature of Defendant Soa, he should submit them to assist service 27 efforts. Plaintiff should also provide information such as the place, date, and time he last saw 28 1 1 Defendant Soa and all identifying attributes he can recall such as gender, hair color, height and 2 weight. 3 Accordingly, it is HEREBY ORDERED that within twenty-one (21) days from the date 4 of this order, Plaintiff SHALL provide additional information regarding where Defendant Soa 5 may be located to assist with identifying and locating this Defendant. Plaintiff is advised that his 6 failure to comply with this order will result in a recommendation that Defendant Soa be dismissed 7 from this action pursuant to Rule 4(m). 8 9 10 11 IT IS SO ORDERED. Dated: April 9, 2019 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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