Scott v. McDonald

Filing 61

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/11 ordering the clerk of the court shall mail plaintiff 1 USM-285 form. Within 60 days from the date this order is served, plaintiff may return the completed USM-285 form providing new instructions for service of process upon defendant Sharrb. (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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HOWARD SCOTT,
Plaintiff,

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No. CIV S-09-0851 EFB P

vs.
M. MCDONALD, et al.,
Defendants.

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ORDER
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Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights

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action. The United States Marshal has returned process directed to defendant Sharrb unserved,

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with notations indicating that the California Department of Corrections does not have any

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employee with the name of “Sharrb.” See Dckt. No. 52. Therefore, plaintiff must provide new

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information, such as the proper spelling of this defendant’s name, so that this defendant may be

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served with process. Plaintiff may seek such information through discovery, the California

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Public Records Act, California Government Code §§ 6250, et seq., or any other means available

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but must proceed with haste because Rule 4(m) of the Federal Rules of Civil Procedure requires

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that an action be dismissed as to a defendant not served within 120 days after filing the

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complaint, unless the time is enlarged based upon a demonstration of good cause. If plaintiff’s

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access to the required information is denied or unreasonably delayed, plaintiff may seek judicial

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intervention.
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Accordingly, it is ORDERED that:

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1. The Clerk of the Court shall mail plaintiff one form USM-285.

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2. Within 60 days from the date this order is served, plaintiff may return the completed

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form USM-285, providing new instructions for service of process upon defendant Sharrb.
3. Failure to provide new instructions for service of process upon defendant Sharrb

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within the time allowed or show good cause for such failure will result in a recommendation that

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this action be dismissed as to defendant Sharrb.

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DATED: October 17, 2011.

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