Xavier v. Roche et al

Filing 39

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/17/12 ordering the clerk of the court shall send plaintiff 1 USM-285 form, instruction sheet and a copy of the 09/01/11 amended complaint to be completed and returned within 60 days. (Plummer, M)(, copy of this order, 1 USM-285 form, instruction sheet and a copy of the 09/01/11 amended complaint sent to attorney for plaintiff at address of record) Modified on 10/17/2012 (Plummer, 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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GARY R. XAVIER,

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Plaintiff,

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vs.
M. FRENCH, et al.,

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Defendants.

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ORDER
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No. 2:09-cv-0783 LKK CKD P

Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff
seeks relief pursuant to 42 U.S.C. § 1983.

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On July 9, 2012, the court ordered the United States Marshal to serve the

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

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“no record of individual has ever worked there.” Plaintiff must provide additional information to

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serve this defendant. 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 to plaintiff one USM-285 form,

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along with an instruction sheet and a copy of the amended complaint filed September 1, 2011;

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2. Within sixty days from the 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 defendant Holland;

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b. Two copies of the endorsed complaint filed September 1, 2011; and

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

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or show good cause why he cannot provide such information.
Dated: October 17, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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/mp
xavi0783.8e

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY R. XAVIER,

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Plaintiff,

No. 2:09-cv-0783 LKK CKD P

vs.
M. FRENCH, et al.,

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NOTICE OF SUBMISSION

Defendants.

OF DOCUMENTS

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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 form

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copies of the September 1, 2011
Amended Complaint

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DATED:

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Plaintiff
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