Brookins v. Hernandez et al

Filing 23

ORDER Discharging Order to Show Cause 21 , signed by Magistrate Judge Stanley A. Boone on 11/27/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LEE BROOKINS,

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Plaintiff,
v.
M. HERNANDEZ, et al.,
Defendants.

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Case No. 1:17-cv-01675-AWI-SAB (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE
[ECF No. 21]

Plaintiff Barry Lee Brookins is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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This action is proceeding on Plaintiff’s claim for cruel and unusual punishment against

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Defendants officer M. Hernandez, lieutenant E. Williams, captain Williams, officer L. Sanchez, officer

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Galvenson, officer Schleesman, sergeant Crane, sergeant Salvado, and S. Marsh.

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On October 24, 2018, the directed the United States Marshal to serve Defendants without
prepayment of costs.

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The United States Marshal was not able to locate or identify Defendant Salvado, and service was

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returned un-executed on October 29, 2018. The following information was provided by the Marshal in

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the remarks of the unexecuted summons: “SATF is unable to identify an employee by this name or any

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name close to it.” (ECF No. 20.) Therefore, on November 1, 2018, the Court ordered Plaintiff to show

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cause why Defendant Salvado should not be dismissed, without prejudice, pursuant to Federal Rule of

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Civil Procedure 4(m).

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On November 26, 2018, Plaintiff filed a response to the order to show cause. (ECF No. 22.) In

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a separate order, the Court has issued a second order directing service of Defendant Salvado by the

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United States Marshal based on the information provided by Plaintiff. Accordingly, it is HEREBY

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ORDERED that the November 1, 2018 order to show cause is discharged.

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IT IS SO ORDERED.

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Dated:

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November 27, 2018
UNITED STATES MAGISTRATE JUDGE

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