Ward v. Ives et al

Filing 29

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/13/13 ORDERING that the Clerk of the Court shall mail plaintiff two forms USM-285. Within 30 days from the date this order is served, plaintiff must submit the attached Notice of Submission of Documents with completed forms USM-285 providing new instructions for service of process upon defendants Gulani and Salinas.(Dillon, 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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JOHN C. WARD,
Plaintiff,

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vs.

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No. 2:11-cv-1657 GEB EFB P

RICHARD IVES, et al.,
Defendants.

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ORDER
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Plaintiff is a federal prisoner proceeding without counsel in this civil rights action. The

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United States Marshal has returned process directed to defendant Gulani and Salinas unserved

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because they are no longer employed at the Federal Correctional Institute, and it is believed that

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Salinas has moved out of state. Dckt. No. 26. Therefore, plaintiff must provide new information

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about how to locate these defendants for service of process. Plaintiff must proceed with haste

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because Fed. R. Civ. P. 4(m) requires that an action be dismissed as to a defendant not served

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within 120 days after filing the complaint unless the time is enlarged based upon a demonstration

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of good cause. If plaintiff’s access to the required information is denied or unreasonably

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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 two forms USM-285.

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2. Within 30 days from the date this order is served, plaintiff must submit the attached

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Notice of Submission of Documents with completed forms USM-285 providing new instructions

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for service of process upon defendants Gulani and Salinas.

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3. Failure to comply with this order within the time allowed or to show good cause for

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such failure will result in a recommendation that defendants Gulani and Salinas be dismissed.

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Dated: May 13, 2013.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN C. WARD,
Plaintiff,

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No. 2:11-cv-1657 GEB EFB P

vs.
RICHARD IVES, 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