Smith v. Stovall et al

Filing 34

[VACATED PURSUANT TO 01/26/09 ORDER]ORDER signed by Magistrate Judge John F. Moulds on 11/11/09 ordering the clerk of the court shall send plaintiff 2 USM-285 forms, instruction sheet and a copy of the 10/20/08 complaint to be completed and returned within 60 days. (Plummer, M) Modified on 1/26/2010 (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 vs. SGT. R. STOVALL, 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 April 16, 2009, the court ordered the United States Marshal to serve the complaint on defendants. Process directed to defendants Auigriu and Souce was returned unserved because these defendants could not be located with the information provided. 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 access to the required information is denied or unreasonably delayed, plaintiff may seek judicial intervention. ///// ///// 1 ORDER MICHAEL SMITH, Plaintiff, No. 2:08-cv-2492 LKK JFM (PC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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
/mp smit2492.8e

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 complaint filed October 20, 2008; 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 defendants Auigriu and Souce; b. Three copies of the endorsed complaint filed October 20, 2008; and c. One completed summons form (if not previously provided) or show good cause why he cannot provide such information. DATED: November 11, 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 Plaintiff 24 25 26 DATED: 2 3 order filed vs. SGT. R. STOVALL, 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 October 20, 2008 Complaint NOTICE OF SUBMISSION OF DOCUMENTS MICHAEL SMITH, Plaintiff, No. 2:08-cv-2492 LKK JFM (PC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA