Lal v. Felker et al

Filing 65

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/05/09 ordering the clerk of the court shall mail plaintiff 1 USM-285 form and a copy of the amended pleading filed 05/05/08 to be completed and returned within 60 days. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 action. The United States Marshal has returned process directed to defendant B. Florez unserved because "he is no longer employed at HDSP and they are unable to identify him with the CDC locator database, as there are several." Plaintiff must provide new information about where this defendant may be served with process. Plaintiff may seek such information through discovery, the California Public Records Act, California Government Code §§ 6250, et seq., or any other means available but must proceed with haste because Fed. R. Civ. P. 4(m) requires an action be dismissed as to a defendant not served within 120 days after filing the complaint unless the time is enlarged based upon a demonstration of good cause. If plaintiff's access to the required information is denied or unreasonably delayed, plaintiff may seek judicial intervention.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA AZHAR LAL, Plaintiff, vs. T. FELKER, et al., Defendants. / Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights ORDER No. CIV S-07-2060 GEB EFB P

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Accordingly, it is ORDERED that: 1. The Clerk of the Court shall mail plaintiff one form USM-285 and a copy of the amended pleading filed May 5, 2008. 2. Within 60 days from the date this order is served, plaintiff may submit the attached Notice of Submission of Documents with a completed form USM-285 providing instructions for service of process upon defendant B. Florez and two copies of the pleading provided to plaintiff. 3. Failure to provide new instructions for service of process upon defendant B. Florez within the time allowed or show good cause for such failure will result in a recommendation that this action be dismissed as to that defendant. DATED: November 5, 2009.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff DATED: order filed vs. T. FELKER, et al., Defendants. / NOTICE OF SUBMISSION OF DOCUMENTS AZHAR LAL, Plaintiff, No. CIV S-07-2060 GEB EFB P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiff hereby submits the following documents in compliance with the court's . completed USM-285 forms copies of the 5/5/08 Amended Complaint