Harper v. Humphreys et al

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/23/09 ORDERING that the Clerk of the Court shall mail plaintiff one form USM-285 and a copy of thepleading filed October 19, 2007. 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 Humphreys and two copies of the pleading.(Dillon, 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 Humphreys unserved because the defendant is "no longer at facility." 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.
1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DANIEL HARPER, Plaintiff, vs. HUMPHREYS, et al., Defendants. / Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights ORDER No. CIV S-07-2131 MCE EFB P

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

Accordingly, it is ORDERED that: 1. The Clerk of the Court shall mail plaintiff one form USM-285 and a copy of the pleading filed October 19, 2007. 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 Humphreys and two copies of the pleading provided to plaintiff. 3. Failure to provide new instructions for service of process upon defendant Humphreys 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: January 23, 2009.

2

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: 1 2 order filed vs. HUMPHREYS, et al., Defendants. / NOTICE OF SUBMISSION OF DOCUMENTS DANIEL HARPER Plaintiff, No. CIV S-07-2131 MCE 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 summons completed USM-285 forms copies of the October 19, 2007 Amended Complaint