Pimental v. Rivera et al
Filing
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ORDER FINDING SERVICE of Complaint Appropriate and Forwarding Service Documents to Plaintiff for Completion and Return within Thirty Days; Thirty (30) Day Deadline signed by Magistrate Judge Sheila K. Oberto on 10/4/2019. (Attachments: #1 USM Instructions)(Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:19-cv-01088-AWI-SKO
CESAR PIMENTEL,
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Plaintiff,
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v.
HANFORD POLICE OFFICERS ALFRED
RIVERA and MARK CARRILLO,
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Defendants.
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ORDER FINDING SERVICE OF
COMPLAINT APPROPRIATE AND
FORWARDING SERVICE DOCUMENTS
TO PLAINTIFF FOR COMPLETION
AND RETURN WITHIN THIRTY DAYS
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(Docs. 4, 5, 6)
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THIRTY (30) DAY DEADLINE
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On August 9, 2019, Plaintiff Cesar Pimentel, proceeding pro se, filed a civil rights complaint
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against Defendants Hanford Police Officers Alfred Rivera and Mark Carrillo alleging a failure to
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provide medical assistance claim and a violation of due process under 42 U.S.C. § 1983. (Doc 1.)
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Plaintiff’s Complaint was screened pursuant to 28 U.S.C. § 1915(e)(2), and he was given the choice
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to file a first amended complaint or to proceed on his failure to provide medical assistance claim
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and dismiss his due process claim. (Doc. 4.) On September 27, 2019, Plaintiff notified the Court
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that he wished to proceed only on his failure to provide medical assistance claim (see Doc. 5), and,
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as such, the Court entered an order regarding the dismissal of Plaintiff’s due process claim on
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October 3, 2019 (see Doc. 6).
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Accordingly, it is HEREBY ORDERED that:
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1.
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Service is appropriate on the following defendants:
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Hanford Police Officer Alfred Rivera
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Hanford Police Officer Mark Carrillo
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The Clerk of Court shall send Plaintiff two (2) USM-285 forms, two (2) summonses, a
4 Notice of Submission of Documents form, an instruction sheet, and a copy of the complaint, filed
5 August 9, 2019 (Doc. 1).
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Within thirty (30) days from the date of this order, Plaintiff shall complete the attached
7 Notice of Submission of Documents and submit it to the Court with the following documents:
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a.
A completed summons for each defendant listed above;
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b.
A completed USM-285 form for each defendant listed above; and
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c.
Three (3) copies of the endorsed complaint, filed August 9, 2019 (Doc. 1).
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Plaintiff need not attempt service on the defendants and need not request waiver of service.
12 Upon receipt of the above-described documents, the Court will direct the United States Marshal to
13 serve the above-named defendants pursuant to Federal Rule of Civil Procedure without payment of
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The failure to comply with this order will result in a recommendation that this action
16 be dismissed for failure to obey a court order and failure to prosecute.
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18 IT IS SO ORDERED.
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Dated:
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October 4, 2019
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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