Passer v. Steevers et al

Filing 71

ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/12 ORDERING that the Clerk of the Court is directed to send plaintiff three USM-285 forms, along with an instruction sheet and a copy of the Second Amended Complaint 41 ; Within sixty days from the filing date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents: One completed USM-285 form for each defendant (Alchek, Coleman and Azevedo); Four copies of the endorsed Second Amended Complaint filed November 12, 2010 (Dkt. No. 41 ); and One completed summons form (if not previously provided) or show good cause why plaintiff cannot provide such information.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY PASSER,

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Plaintiff,

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vs.
DR. STEEVERS, et al.,

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Defendants.

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ORDER
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No. 2:08-cv-2792 MCE KJN P

Plaintiff is a state prisoner who is proceeding without counsel or “pro se” and in
forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.

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On July 23, 2012, the court directed the United States Marshal to serve process on

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defendants Alchek, Azevedo, Coleman, Mehta and Rosales,1 pursuant to plaintiff’s Second

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Amended Complaint. (Dkt. No. 58). Defendants Mehta and Rosales have been served process

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and appeared in this action. (Dkt. Nos. 64.) However, the United States Marshal was unable to

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serve process on defendants Alchek, Azevedo and Coleman, due to inadequate service

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information.

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The Second Amended Complaint was previously served on defendants Burt, Gavia,
Sabin and Steevers, each of whom have appeared in this action.
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By order filed September 24, 2012, the court noted that process directed to

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defendant Alchek was returned unserved because “defendant moved and left no address;” the

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court directed plaintiff to provide additional service information. (Dkt. Nos. 61, 62.) The court

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presently notes that the process directed to defendants Coleman and Azevedo were also returned

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unserved because the correctional facility that plaintiff identified as their place of employment

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was “unable to identify [either defendant] without [their] first name or initial.” (Dkt. Nos. 65,

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66.)

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Plaintiff must now provide additional information to serve defendants Alchek,

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Coleman and Azevedo.2 Plaintiff shall promptly seek such information through discovery, the

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California Public Records Act, Calif. Gov’t. Code §§ 6250, et seq., or other means available to

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plaintiff. If access to the required information is denied or unreasonably delayed, plaintiff may

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seek judicial intervention.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send plaintiff three USM-285 forms,

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along with an instruction sheet and a copy of the Second Amended Complaint filed November

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12, 2010 (Dkt. No. 41);

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2. Within sixty days from the filing date of this order, plaintiff shall complete and

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submit the attached Notice of Submission of Documents to the court, with the following

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documents:

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a. One completed USM-285 form for each defendant (Alchek, Coleman and
Azevedo);

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b. Four copies of the endorsed Second Amended Complaint filed November 12,
2010 (Dkt. No. 41); and

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The 60-day deadline for providing service information for defendant Alchek, pursuant
to the court’s order filed September 24, 2012 (Dkt. No. 62), is hereby extended to be the same as
the 60-day deadline for providing service information for defendants Coleman and Azevedo.
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c. One completed summons form (if not previously provided) or show good cause

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why plaintiff cannot provide such information.

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SO ORDERED.

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DATED: October 17, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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pass2792.8e(2)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY PASSER,

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Plaintiff,

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No. 2:08-cv-2792 MCE KJN P

vs.
DR. STEEVERS, et al.,

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NOTICE OF SUBMISSION

Defendants.

OF DOCUMENTS

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/

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

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completed summons form

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completed USM-285 forms

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copies of the November 12, 2010 Second Amended Complaint

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Date
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Plaintiff