Jones v. Ballesteros et al

Filing 25

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/18/12 ORDERING the Clerk to mail plaintiff one form USM-285. Within 60 days, plaintiff may submit the attached Notice of Submission of Documents with a completed form USM-285 providing instructions forservice of process upon defendant Lee. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEREMY JONES,
Plaintiff,

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vs.

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No. CIV S-10-2661 EFB P

BALLESTEROS, et al.,
Defendants.

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ORDER
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Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights

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action. The United States Marshal has returned process directed to defendant Lee unserved with

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a notation that Lee is “not at this address.” Dckt. No. 24. Therefore, plaintiff must provide new

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information about where this defendant may be served with process.
Plaintiff may seek such information through discovery, the California Public Records

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Act, California Government Code §§ 6250, et seq., or any other means available but must

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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 submit the attached

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Notice of Submission of Documents with a completed form USM-285 providing instructions for

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service of process upon defendant Lee.

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3. Failure to provide new instructions for service of process upon defendant Lee within

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the time allowed or show good cause for such failure will result in the dismissal of defendant

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Lee.

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DATED: May 18, 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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JEREMY JONES,
Plaintiff,

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No. CIV S-10-2661 EFB P

vs.
BALLESTEROS, 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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completed USM-285 forms

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DATED:

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Plaintiff
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