Mester v. Dickinson et al

Filing 110

ORDER signed by Magistrate Judge Kendall J. Newman on 11/07/11 ordering the clerk of the court shall send plaintiff 1 USM-285 form, instruction sheet and a copy of the 08/17/09 complaint to be completed and returned along with the Notice of Submission of documents within 60 days. (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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MORRIS MESTER,

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Plaintiff,

Defendant.

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ORDER

vs.

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No. 2:09-cv-3307 KJM KJN P

B. REED,

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Plaintiff is a prisoner who is proceeding in forma pauperis. Plaintiff seeks relief
pursuant to 42 U.S.C. § 1983. Defendant Reed is the sole remaining defendant.
On October 28, 2010, the court ordered the United States Marshal to serve the

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complaint on defendant. On February 16, 2011, process directed to defendant Reed was returned

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unserved because “unable to locate.” The USM-285 form was also marked:

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11/19/10 Per facility -- not employed
2/15/11 Per CDCL -- unable to locate

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(Dkt. No. 63.) Plaintiff must provide additional information to serve this defendant. Plaintiff

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shall promptly seek such information through discovery, the California Public Records Act,

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Calif. Gov’t. Code §§ 6250, et seq., or other means available to plaintiff. Plaintiff is cautioned

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that if he is unable to locate defendant Reed, the court may be required to dismiss defendant
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Reed based on untimely service of process. Fed. R. Civ. P. 4(m).

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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 complaint filed August 17, 2009;

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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 Reed;

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b. Tow copies of the endorsed complaint filed August 17, 2009; 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.

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DATED: November 7, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mest3307.8e

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORRIS MESTER,

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Plaintiff,

No. 2:09-cv-3307 KJM KJN P

vs.
MILLER AND REED,

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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 forms

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copies of the August 27, 2009
Complaint

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DATED:

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Plaintiff
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