Barker v. Hubbard et al

Filing 32

ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/4/10 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 60 days. Service is appropriate for Bridges, Renetti. 2 USM-285 Forms, and 1 copy of the Amended Complaint filed on 2/6/09. (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 vs. J. FOSTER, et al., Defendants. / Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On January 11, 2010, the court ordered the United States Marshal to serve the complaint on defendants. Process directed to defendants Bridges and Renetti was returned unserved. A handwritten notation on the process receipt and return states that process as to Bridges was returned because "per facility, not employed," "per CDC locator, too many in database;" as to Renetti, the notation states "per facility, not employed" and "per CDC locator, none in database." Docket no. 31. Plaintiff must provide additional information to serve these defendants. Plaintiff shall promptly seek such information through discovery, the California Public Records Act, Calif. Gov't. Code § 6250, et seq., or other means available to plaintiff. If ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIAM BARKER, Plaintiff, No. CIV S-08-1160 WBS KJM P

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access to the required information is denied or unreasonably delayed, plaintiff may seek judicial intervention. Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to send to plaintiff two USM-285 forms, along with an instruction sheet and a copy of the amended complaint filed February 6, 2009; and 2. Within sixty 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: a. One completed USM-285 form for each defendant (Bridges and Renetti); b. Three copies of the endorsed amended complaint filed February 6, 2009; c. One completed summons form (if not previously provided): or d. Show good cause why he cannot provide such information. DATED: March 4, 2010.

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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. J. FOSTER, et al., Defendants. / Plaintiff hereby submits the following documents in compliance with the court's : completed summons form completed USM-285 forms copies of the 2/6/2009 Amended Complaint NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIAM BARKER, Plaintiff, No. CIV S-08-1160 WBS KJM P