Armentero v. Doe

Filing 52

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)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUIS ARMENTERO, 11 12 13 14 Plaintiff, vs. K.L. DICKINSON, et al., Defendants. 15 16 17 18 No. 2: 10-cv-0965 KJN P ORDER / 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 19 complaint on defendants. Process directed to defendant Tanner was returned unserved because 20 records indicated that he no longer worked at the California Medical Facility (“CMF”). In 21 addition, records from the California Department of Corrections and Rehabilitation indicated that 22 he was “not listed.” On April 6, 2011, the court granted plaintiff sixty days to provide additional 23 information to serve defendant Tanner. 24 On April 18, 2011, plaintiff returned the forms necessary to purportedly effect 25 service on defendant Tanner. However, the USM-285 form filled out by plaintiff contained the 26 same address for defendant Tanner as did the previous USM-285 form submitted by plaintiff. 1 1 On May 6, 2011, the court granted plaintiff sixty days to provide additional information to serve 2 defendant Tanner. 3 On June 16, 2011, plaintiff filed a letter with the court regarding service of 4 defendant Tanner. Attached to plaintiff’s letter is a letter dated May 25, 2011, addressed to 5 plaintiff from the Litigation Coordinator at CMF. This letter states that plaintiff incorrectly 6 identified defendant Tanner as “A. Tanner.” This letter states that defendant Tanner is actually 7 named “K. Tanner.” 8 9 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 10 properly completed forms are received by the court, they shall be forwarded to the U.S. Marshal 11 for service of defendant K. Tanner. 12 Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of 13 this order, plaintiff shall submit the forms necessary for service of defendant K. Tanner. 14 DATED: June 21, 2011 15 16 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 17 18 arm965.ord 19 20 21 22 23 24 25 26 2

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