Stoltie v. Geringson et al

Filing 35

ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for Janetta Geringson. Clerk to send plaintiff: 1 Summons, 1 USM-285 Form and 1 copy of the Complaint filed on 10/30/08. Within 30 days from the date of this order, pltf shall complete the attached Notice of Submission of Documents and submit it to the court with the required documents listed above. (Carlos, K)

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. JANETTA GERINGSON, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action. On August 12, 2009, the court ordered the United States Marshal to serve plaintiff's complaint on three defendants. Service has been effected on defendants Ziga and Lipon. However, the Marshal was unable to effect service on defendant Geringson. According to California Medical Facility, defendant Geringson is not employed at the facility. If plaintiff wishes to proceed with his claims against defendant Geringson, plaintiff must provide additional information that will enable the United States Marshal to serve this defendant. Plaintiff shall promptly seek such information through any means available to him. ///// ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BRIAN JOSEPH STOLTIE, Plaintiff, No. CIV S-08-2584 GEB DAD P

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DAD:9:mp stol2584.8e

Plaintiff is cautioned that when service of a complaint is not made upon a defendant within 120 days after the complaint was filed, the court may be required to dismiss the plaintiff's claims against that defendant. See Fed. R. Civ. P. 4(m). Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to send plaintiff one summons, one USM285 form, an instruction sheet, and a copy of the complaint filed October 30, 2008; 2. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the documents listed below: a. One completed USM-285 form for defendant Geringson; b. Two copies of the endorsed complaint filed October 30, 2008; and c. One completed summons form. Failure to do so will result in a recommendation that defendant Geringson be dismissed from this action. In the alternative, plaintiff may file a request to voluntarily dismiss defendant Geringson. DATED: December 7, 2009.

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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 Plaintiff 24 25 26 DATED: order filed vs. JANETTA GERINGSON, et al., Defendants. / Plaintiff hereby submits the following documents in compliance with the court's : one completed summons form; one completed USM-285 form; and two true and exact copies of the complaint filed October 30, 2008. . NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BRIAN JOSEPH STOLTIE, Plaintiff, No. CIV S-08-2584 GEB DAD P