Pimental v. Rivera et al

Filing 7

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 Case No. 1:19-cv-01088-AWI-SKO CESAR PIMENTEL, 9 Plaintiff, 10 v. HANFORD POLICE OFFICERS ALFRED RIVERA and MARK CARRILLO, 11 12 Defendants. / ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS 13 (Docs. 4, 5, 6) 14 THIRTY (30) DAY DEADLINE 15 16 On August 9, 2019, Plaintiff Cesar Pimentel, proceeding pro se, filed a civil rights complaint 17 against Defendants Hanford Police Officers Alfred Rivera and Mark Carrillo alleging a failure to 18 provide medical assistance claim and a violation of due process under 42 U.S.C. § 1983. (Doc 1.) 19 Plaintiff’s Complaint was screened pursuant to 28 U.S.C. § 1915(e)(2), and he was given the choice 20 to file a first amended complaint or to proceed on his failure to provide medical assistance claim 21 and dismiss his due process claim. (Doc. 4.) On September 27, 2019, Plaintiff notified the Court 22 that he wished to proceed only on his failure to provide medical assistance claim (see Doc. 5), and, 23 as such, the Court entered an order regarding the dismissal of Plaintiff’s due process claim on 24 October 3, 2019 (see Doc. 6). 25 Accordingly, it is HEREBY ORDERED that: 26 1. 27 28 Service is appropriate on the following defendants: 1 Hanford Police Officer Alfred Rivera 2 Hanford Police Officer Mark Carrillo 3 2. 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). 6 3. 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: 8 a. A completed summons for each defendant listed above; 9 b. A completed USM-285 form for each defendant listed above; and 10 c. Three (3) copies of the endorsed complaint, filed August 9, 2019 (Doc. 1). 11 4. 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 14 costs. 15 5. 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. 17 18 IT IS SO ORDERED. 19 Dated: 20 October 4, 2019 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2 .

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