Kent v. United States of America

Filing 51

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/28/2010, ORDERING that the Clerk is directed to serve on the USM the following documents: four copies of this order, a copy of 50 pltf's complaint, a copy of the summons, a completed USM- 285 for dfts Melody Lane, Brian Ramsey, and Caroline McNorton, four copies of 8 pltf's second amended complaint, three copies of 11 the court's 7/23/08 scheduling order, along with the attached forms, and three copies of 46 this court 's 12/30/09 status (pretrial scheduling) order. The USM shall serve process, along with copies of this courts July 23, 2008 scheduling order and related documents, and this courts December 30, 2009 status (pretrial scheduling) order on dfts Lane, Ramsey and McNorton. Such service shall be completed within 90 days of receipt of the required info from the Clerk of Court, without prepayment of costs. (Kastilahn, A)

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 JOHN KENT, vs. Plaintiff, No. CIV S-07-2361 MCE EFB PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

CITY OF SACRAMENTO, et al., Defendants. /

ORDER

This case, in which plaintiff is proceeding pro se and in forma pauperis, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. §§ 636(b)(1), 1915. On December 30, 2009, the court issued a status (pretrial scheduling) order herein which set forth various deadlines and which addressed the status of the defendants who have not appeared in this action: Melody Lane, Brian Ramsey, and Caroline McNorton. Dckt. No. 46 at 2, 3. The order required plaintiff "to dismiss those defendants, pursue default against them, or seek further service upon them if service was improper (by providing a proper address for service)." Id. Plaintiff was required to file any such dismissal, request for entry of default, or request for further service within twenty-eight days. Id. at 3. On January 25, 2010, plaintiff filed a response to the December 30, 2009 status order, which requested further service by the U.S. Marshal on Melody Lane, Brian Ramsey, and
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Caroline McNorton, and provided updated addresses (and contact phone numbers) for each of those defendants. Dckt. No. 50. In accordance with plaintiff's January 25, 2010 filing, the U.S. Marshal will be directed to re-attempt service on those defendants at the updated addresses. Accordingly, good cause appearing, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to serve on the United States Marshal, 501 "I" Street, Sacramento, CA 95814 (tel. [phone]): (a) (b) (c) (d) four copies of this order; a copy of plaintiff's January 25, 2010 filing, Dckt. No. 50; a copy of the summons issued in this action; a completed USM-285 form for Melody Lane, 6771 Mt. Murphy Rd., Coloma, CA 95613; (e) a completed USM-285 form for Brian Ramsey, 1120 Augusta Way, Roseville, CA 95661; (f) a completed USM-285 form for Caroline McNorton, 360 Morey Ave., Sacramento, CA 95838; (g) (h) four copies of plaintiff's second amended complaint, Dckt. No. 8; three copies of this court's July 23, 2008 scheduling order, along with the attached forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes and providing notice of the court's voluntary dispute resolution program, Dckt. No. 11; and (I) three copies of this court's December 30, 2009 status (pretrial scheduling) order, Dckt. No. 46. 2. The Marshal shall serve process, along with copies of this court's July 23, 2008 scheduling order and related documents, this court's December 30, 2009 status (pretrial scheduling) order, and this order, on Melody Lane, Brian Ramsey, and Caroline McNorton at the addresses set forth above. Such service shall be completed within 90 days of receipt of the
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required information from the Clerk of Court, without prepayment of costs. The Marshal shall, within 10 days thereafter, file a statement with the court that said documents have been served. If the Marshal is unable, for any reason, to effect service of process on any defendant, the Marshal shall promptly report that fact, and the reasons for it, to the undersigned. SO ORDERED. Dated: January 28, 2010.

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