Armentero v. Doe
ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/11 ORDERING plaintiff to submit forms necessary for service of defendant KI. Tanner within 14 days of the date of this order. (Meuleman, A)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
K.L. DICKINSON, et al.,
No. 2: 10-cv-0965 KJN P
Plaintiff is a state prisoner proceeding without counsel, with a civil rights action
pursuant to 42 U.S.C. § 1983.
On December 23, 2010, the court ordered the United States Marshal to serve the
complaint on defendants. Process directed to defendant Tanner was returned unserved because
records indicated that he no longer worked at the California Medical Facility (“CMF”). In
addition, records from the California Department of Corrections and Rehabilitation indicated that
he was “not listed.” On April 6, 2011, the court granted plaintiff sixty days to provide additional
information to serve defendant Tanner.
On April 18, 2011, plaintiff returned the forms necessary to purportedly effect
service on defendant Tanner. However, the USM-285 form filled out by plaintiff contained the
same address for defendant Tanner as did the previous USM-285 form submitted by plaintiff.
On May 6, 2011, the court granted plaintiff sixty days to provide additional information to serve
On June 16, 2011, plaintiff filed a letter with the court regarding service of
defendant Tanner. Attached to plaintiff’s letter is a letter dated May 25, 2011, addressed to
plaintiff from the Litigation Coordinator at CMF. This letter states that plaintiff incorrectly
identified defendant Tanner as “A. Tanner.” This letter states that defendant Tanner is actually
named “K. Tanner.”
Plaintiff is directed to complete the USM-285 form and other documents sent to
him on May 6, 2011, for service of K. Tanner and then submit them to the court. Once the
properly completed forms are received by the court, they shall be forwarded to the U.S. Marshal
for service of defendant K. Tanner.
Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of
this order, plaintiff shall submit the forms necessary for service of defendant K. Tanner.
DATED: June 21, 2011
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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