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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN C. WARD, Plaintiff, 11 vs. 12 13 No. 2:11-cv-1657 GEB EFB P RICHARD IVES, et al., Defendants. 14 ORDER / 15 Plaintiff is a federal prisoner proceeding without counsel in this civil rights action. The 16 17 United States Marshal has returned process directed to defendant Gulani and Salinas unserved 18 because they are no longer employed at the Federal Correctional Institute, and it is believed that 19 Salinas has moved out of state. Dckt. No. 26. Therefore, plaintiff must provide new information 20 about how to locate these defendants for service of process. Plaintiff must proceed with haste 21 because Fed. R. Civ. P. 4(m) requires that an action be dismissed as to a defendant not served 22 within 120 days after filing the complaint unless the time is enlarged based upon a demonstration 23 of good cause. If plaintiff’s access to the required information is denied or unreasonably 24 delayed, plaintiff may seek judicial intervention. 25 //// 26 //// 1 1 Accordingly, it is ORDERED that: 2 1. The Clerk of the Court shall mail plaintiff two forms USM-285. 3 2. Within 30 days from the date this order is served, plaintiff must submit the attached 4 Notice of Submission of Documents with completed forms USM-285 providing new instructions 5 for service of process upon defendants Gulani and Salinas. 6 3. Failure to comply with this order within the time allowed or to show good cause for 7 such failure will result in a recommendation that defendants Gulani and Salinas be dismissed. 8 Dated: May 13, 2013. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN C. WARD, Plaintiff, 11 12 13 No. 2:11-cv-1657 GEB EFB P vs. RICHARD IVES, et al., NOTICE OF SUBMISSION OF DOCUMENTS Defendants. 14 / 15 16 Plaintiff hereby submits the following documents in compliance with the court’s 17 . order filed 18 2 19 completed USM-285 forms 20 DATED: 21 22 23 24 25 26 Plaintiff

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