Bontemps v. Sotak et al

Filing 33

ORDER signed by Magistrate Judge Edmund F. Brennan on 02/28/12 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 Sotak. (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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GREGORY C. BONTEMPS,
Plaintiff,

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No. CIV S-09-2115 LKK EFB P

vs.

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SOTAK, et al.
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Defendants.
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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. The United States Marshal has returned process directed to defendant Sotak

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unserved with a notation indicating that CDCR does not have any employee or doctor with the

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last name of “Sotak.” Dckt. No. 31. Accordingly, plaintiff must provide new information, such

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as a first name, or an alternate spelling of defendant’s last 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 Fed. R. Civ. P. 4(m) requires an action be dismissed as to a

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defendant not served within 120 days after filing the complaint unless the time is enlarged based

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upon a demonstration of good cause. If plaintiff’s access to the required information is denied or

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unreasonably delayed, plaintiff may seek judicial 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 Sotak.
3. Failure to provide new instructions for service of process upon defendant Sotak within

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

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defendant Sotak be dismissed from this action.

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DATED: February 28, 2012.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY MURPHY COSTON,
Plaintiff,

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No. CIV S-10-2009 EFB P

vs.
ANDREW NANGALAMA, et al.,
NOTICE OF SUBMISSION
OF DOCUMENTS

Defendants.

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

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order filed

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One

completed USM-285 forms

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Two

copies of the

July 28, 2010
Complaint

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DATED:
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Plaintiff