Alkebu-Lan v. Dickinson

Filing 35

ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/13 ORDERING that the Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of the complaint filed 7/16/12; Within sixty days from t he date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents: One completed USM-285 form for defendant Moreno; Two copies of the endorsed complaint filed 7/16/12; and One completed summons form (if not previously provided). If plaintiff is unable to comply with this order, he shall, within the same deadline, show good cause why he cannot provide the requested contact information. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAI ALKEBU-LAN,

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Plaintiff,

No. 2:11-cv-0291 LKK KJN P

vs.
K. DICKINSON, Warden, et al.,
Defendants.

ORDER
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Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff
seeks relief pursuant to 42 U.S.C. § 1983.
On December 28, 2012, the court ordered the United States Marshal to serve the

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complaint on defendants. Service of process on defendants Brown, Jones, Mata, Mitchell,

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Pulsipher, and Spencer-Sims remains pending. However, process directed to defendants Moreno

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and Mullen were returned unserved because, respectively, “Per CDC, need more info,” and “Per

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fac[ility] - def. deceased.” (Dkt. Nos. 33, 34.)

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It appears that defendant Mullen is deceased; plaintiff should consider how this

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fact impacts this action. Meanwhile, in order to serve defendant Moreno, plaintiff must provide

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additional contact information. Plaintiff shall promptly seek such information through discovery,

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the California Public Records Act, Calif. Gov’t. Code §§ 6250, et seq., or other means available
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to plaintiff. If access to the required information is denied or unreasonably delayed, plaintiff may

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request judicial intervention.

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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 July 16, 2012;

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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 Moreno;

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b. Two copies of the endorsed complaint filed July 16, 2012; and

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c. One completed summons form (if not previously provided).

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3. If plaintiff is unable to comply with this order, he shall, within the same

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deadline, show good cause why he cannot provide the requested contact information.

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DATED: January 30, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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alke0291.8e

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAI ALKEBU-LAN,

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Plaintiff,

No. CIV 2:11-cv-0291 LKK KJN P

vs.
K. DICKINSON, Warden, et al.,

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Defendants.

OF DOCUMENTS

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/

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NOTICE OF SUBMISSION

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
Complaint/Amended Complaint

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DATED:

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Plaintiff
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