Flournoy v. Sacramento County Sheriff Dept et al

Filing 33

ORDER signed by Magistrate Judge Edmund F. Brennan on 06/27/13 ordering the clerk of the court shall mail plaintiff 2 USM-285 forms. Within 30 days from the date this order is served, plaintiff must submit the attached Notice of Submission of Documents with completed USM-285 forms providing new instructions for service of process upon defendants Kinder and Sahba. (Plummer, 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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JAMES HENRY FLOURNOY,
Plaintiff,

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vs.

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No. 2:11-cv-2844 KJM EFB P

ERIC MANESS, et al.,
Defendants.

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

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States Marshal has returned process directed to defendants Kinder and Sahba unserved, with a

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stamp indicating that plaintiff’s documents for service were “not deliverable as addressed.”

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Dckt. No. 32. Therefore, plaintiff must provide new information about how to locate these

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defendants for service of process. Plaintiff must proceed with haste because Fed. R. Civ. P. 4(m)

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requires that an action be dismissed as to a defendant not served within 120 days after filing the

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complaint unless the time is enlarged based upon a demonstration of good cause. If plaintiff’s

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access to the required information is denied or unreasonably delayed, plaintiff may seek judicial

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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 Kinder and Sahba.

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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 Kinder and Sahba be dismissed.

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Dated: June 27, 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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JAMES HENRY FLOURNOY,
Plaintiff,

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No. 2:11-cv-2844 KJM EFB P

vs.
ERIC MANESS, 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