Benyamini v. Hommer et al

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 08/19/13 ordering the clerk of the court is directed to send to plaintiff 3 USM-285 forms, instruction sheet and a copy of the complaint filed 02/15/13 to be completed and returned within 60 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 13 14 15 No. 2:11-cv-2317 TLN AC P Plaintiff, v. ORDER M.C. HOMMER, et al., Defendants. 16 17 18 19 Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On July 11, 2013, the court ordered the United States Marshal to serve the complaint on 20 defendants. Process directed to defendants Juan, Lopez and Reid were returned unserved because 21 “with the limited information provided, unable to locate.” Plaintiff must provide additional 22 information to serve these defendants. Plaintiff shall promptly seek such information through 23 discovery, the California Public Records Act, Calif. Gov’t. Code § 6250, et seq., or other means 24 available to plaintiff. If access to the required information is denied or unreasonably delayed, 25 plaintiff may seek judicial intervention. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Clerk of the Court is directed to send to plaintiff three USM-285 forms, along with 28 an instruction sheet and a copy of the complaint filed February 15, 2013; 1 1 2 2. Within sixty days from the date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents: 3 a. One completed USM-285 form for each defendant; 4 b. Four copies of the endorsed complaint filed February 15, 2013; and 5 c. One completed summons form (if not previously provided) or show good cause 6 why he cannot provide such information. 7 DATED: August 19, 2013 8 9 10 11 12 13 14 AC:ls// beny2317.8e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 13 14 No. 2:11-cv-2317 TLN AC P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS M.C. HOMMER, et al., 15 Defendants. 16 17 18 Plaintiff hereby submits the following documents in compliance with the court's order filed _____________________ : 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Complaint 22 23 DATED: 24 25 ________________________________ Plaintiff 26 27 28 3

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