Flournoy v. Sacramento County Sheriff Dept et al

Filing 51

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/12/14 ORDERING that within 21 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with two completed forms USM -285 for service on defendants Sahba and Kinder. The Clerk of the Court shall send plaintiff two forms USM-285. IT IS FURTHER ORDERED that plaintiffs requests for court assistance in locating an address for service for defendant Kinder (ECF Nos. 43 , 50 ) are DENIED without prejudice.(Dillon, 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 JAMES HENRY FLOURNOY, 12 13 14 15 No. 2:11-cv-2844-KJM-EFB P Plaintiff, v. ORDER ERIC MANESS, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. The court has ordered plaintiff to submit the necessary documents to effectuate 19 service of process on defendants Sahba and Kinder through the United States Marshal. ECF Nos. 20 33, 36. Plaintiff has not filed the required documents. 21 Instead, plaintiff merely notified the court that he had located a new address for service of 22 defendant Sahba. ECF No. 43. He also requested the court’s assistance in locating the proper 23 address for service of defendant Kinder. ECF Nos. 43, 50. The court will deny plaintiff’s request 24 for court assistance, without prejudice. Plaintiff is directed to submit two forms USM-285 to 25 effectuate service of process on defendants Sahba and Kinder, even if plaintiff does not have a 26 new address for defendant Kinder. Upon receipt of those forms, the court will direct the U.S. 27 Marshal to re-attempt service of process on defendants Sahba and Kinder, using the addresses 28 provided by plaintiff. 1 1 Accordingly, IT IS HEREBY ORDERED that within 21 days from service of this order, 2 plaintiff shall complete the attached Notice of Submission of Documents and submit it to the 3 court with two completed forms USM-285 for service on defendants Sahba and Kinder. Failure 4 to comply with this order may result in the dismissal of defendants Sahba and Kinder. The Clerk 5 of the Court shall send plaintiff two forms USM-285. 6 IT IS FURTHER ORDERED that plaintiff’s requests for court assistance in locating an 7 address for service for defendant Kinder (ECF Nos. 43, 50) are denied without prejudice. 8 DATED: May 12, 2014. 9 10 11 12 13 14 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 JAMES HENRY FLOURNOY, 12 13 14 2:11-cv-2844-KJM-EFB P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS ERIC MANESS, et al., 15 Defendants. 16 17 18 Plaintiff hereby submits the following documents in compliance with the court’s order filed ________________: 19 2 20 completed forms USM-285 for service on defendants Sahba and Kinder 21 22 DATED: 23 24 ________________________ Plaintiff 25 26 27 28 3

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