Pierce v. Alameida

Filing 215

ORDER signed by Magistrate Judge Dale A. Drozd on 1/23/15 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of plaintiff's fifth amended complaint 181 and supplemental complaint 187 to be completed and returned with the notice of submission of documents within 30 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON JAMES PIERCE,

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Plaintiff,

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v.

No. 2:08-cv-1148 MCE DAD P

ORDER

DOCTOR BARON, et al.,

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Defendants.

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Plaintiff is a former state prisoner who is proceeding pro se and in forma pauperis.

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Plaintiff seeks relief pursuant to 42 U.S.C. § 1983.
On September 10, 2014, the court ordered the United States Marshal to serve the

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complaint on defendants. Process directed to defendant Baron was returned unserved because

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according to the Marshal’s Office they were “unable to locate” Baron. Plaintiff must provide

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additional information to serve this defendant. Plaintiff shall promptly seek such information

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through discovery, the California Public Records Act, Calif. Gov’t. Code § 6250, et seq., or other

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means available to plaintiff. The court cautions plaintiff that when service of a complaint is not

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made upon a defendant within 120 days after the complaint was filed, the court may be required

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to dismiss plaintiff’s claims against that defendant. See Fed. R. Civ. P. 4(m).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send to plaintiff one USM-285 form, along with

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an instruction sheet and a copy of plaintiff’s fifth amended complaint (Doc. No. 181) and

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supplemental complaint (Doc. No. 187);

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2. Within thirty days from the date of this order, plaintiff shall complete and submit the
attached Notice of Submission of Documents to the court, with the following documents:

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a. One completed USM-285 form for defendant Baron;

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b. Two copies of the endorsed fifth amended complaint and supplemental

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complaint; and

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c. One completed summons form (if not previously provided).

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Alternatively, if plaintiff no longer wishes to proceed against defendant Baron, plaintiff may file a

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motion to voluntarily dismiss this defendant.

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Dated: January 23, 2015

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DAD:9:md
pier1148.8e

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON JAMES PIERCE,

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Plaintiff,

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v.

No. 2:08-cv-1148 MCE DAD P

NOTICE OF SUBMISSION OF
DOCUMENTS

DOCTOR BARON et al.,

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Defendant.

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Plaintiff hereby submits the following documents in compliance with the court's order
filed _____________________ :

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one completed summons form

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one completed USM-285 forms

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two copies of the fifth amended complaint and supplemental complaint

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DATED:

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________________________________
Plaintiff

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