Dixon v. LaRosa, et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/16/11 ordering plaintiff's 04/04/11 motion 43 is denied without prejudice. The Clerk of the court is directed to send plaintiff 1 blank USM-285 form. Within 60 days, plaintiff shall submit to the court the completed USM-285 form required to effect service on defendant Gamez. (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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DANIEL STEVE DIXON,
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Plaintiff,
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vs.
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No. 2:10-cv-1441 GEB KJN P
S. LAROSA, et al.,
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Defendants.
ORDER
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Plaintiff, a state prisoner, is proceeding without counsel or pro se, with a civil
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rights action pursuant to 42 U.S.C. § 1983. By an order filed March 9, 2011, this court ordered
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plaintiff to complete and return to the court, within thirty days, the two USM-285 forms which
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are required to effect service on the defendants. On April 4, 2011, plaintiff submitted a notice of
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submission of documents but no completed USM-285 forms.
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On April 4, 2011, plaintiff also filed a request for public information in order to
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serve defendants Gamez and Hodges Wilkins. (Dkt. No. 43.) However, service on defendant
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Hodges Wilkins was returned executed and, on April 7, 2011, defendant Hodges Wilkins filed a
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motion to dismiss. Accordingly, plaintiff’s request as to defendant Hodges Wilkins is denied.
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With respect to defendant Gamez, service on defendant Gamez was returned unexecuted.
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Defendant V. Gamez was not employed at Mule Creek State Prison, and was not listed in the
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locator database for the California Department of Corrections and Rehabilitation. (Dkt. No. 34.)
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Plaintiff is advised that no court order is required to seek discovery of defendant V. Gamez’s
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present location from other defendants who have appeared in this action, or to seek release of this
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information through the California Public Records Act from the California Department of
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Corrections and Rehabilitation. Thus, plaintiff’s motion is denied without prejudice. However,
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plaintiff is cautioned that it appears from the notations provided by the U.S. Marshal on the
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unexecuted return of service that defendant V. Gamez may no longer be employed with the
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Department of Corrections.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s April 4, 2011 motion (dkt. no. 43) is denied without prejudice;
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2. The Clerk of the Court is directed to send plaintiff one blank USM-285 form;
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and
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3. Within sixty days, plaintiff shall submit to the court the completed
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USM-285 form required to effect service on defendant Gamez. Failure to return the completed
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USM-285 form within the specified time period will result in a recommendation that defendant
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Gamez be dismissed from this action.
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DATED: May 16, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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dixo1441.8f
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