(PC) Roberson v. Farmbrough et al

Filing 21

ORDER for Plaintiff to Provide Additional Information for Serve on Defendant Serna, signed by Magistrate Judge Stanley A. Boone on 11/17/2021. Plaintiff shall provide additional information regarding the identity of Defendant Serna, if available, within thirty (30) days. (Rivera, O)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MORRIS ROBERSON, 12 Plaintiff, 13 v. 14 J. FARMBROUGH, et al., 15 Defendants. 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:21-cv-00990-DAD-SAB (PC) ORDER FOR PLAINTIFF TO PROVIDE ADDITIONAL INFORMATION FOR SERVE ON DEFENDANT SERNA (ECF No. 20) Plaintiff Morris Roberson is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 7, 2021, the Court found that service of Plaintiff’s complaint was appropriate as to 21 Defendants Fambrough, Johnson, Silva, Bedolla and Furlong for excessive force, against Defendants 22 Cruz and Rodriguez for failure to intervene claim, and against Defendants Serna, Rhodes, and Dr. 23 Goller for deliberate indifference. (ECF No. 15.) 24 On November 12, 2021, the California Department of Corrections and Rehabilitation returned 25 a notice of intent to not waive personal service on Defendant Serna because “KVSP has never had an 26 employee by this name as a radiology technician.” (ECF No. 19.) Therefore, service of process was 27 forwarded to the United States Marshal. On November 16, 2021, the United States Marshal returned 28 the summons as unexecuted, noting that more information is necessary. (ECF No. 20.) Plaintiff will 1 1 be granted the opportunity to provide additional information regarding the identity of Defendant Serna 2 employed at Kern Valley State Prison as a radiology technician prior to the opening of discovery. Accordingly, it is HEREBY ORDERED that, within thirty (30) days from the date of service 3 4 of this order, Plaintiff shall provide additional information regarding the identity of Defendant Serna, 5 if available, in order to effectuate service of the summons and complaint prior to discovery. 6 7 IT IS SO ORDERED. 8 Dated: 9 November 17, 2021 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?