Chappell v. Fleming et al

Filing 30

ORDER signed by Magistrate Judge Allison Claire on 02/01/13 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, an instruction sheet and a copy of the 08/06/12 complaint to be completed and returned within 60 days. (Plummer, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 REX CHAPPELL, Plaintiff, 12 13 14 15 16 17 18 19 No. 2:12-cv-0234 MCE AC P vs. OFFICER FLEMING, et al., Defendants. ORDER / Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On November 15, 2012, the court ordered the United States Marshal to serve the 20 complaint on defendants. Process directed to defendant A. Murphy was returned unserved 21 because “not listed.” Plaintiff must provide additional information to serve these defendants. 22 Plaintiff shall promptly seek such information through discovery, the California Public Records 23 Act, Calif. Gov’t. Code § 6250, et seq., or other means available to plaintiff. If access to the 24 required information is denied or unreasonably delayed, plaintiff may seek judicial intervention. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Clerk of the Court is directed to send to plaintiff one USM-285 form, 1 1 along with an instruction sheet and a copy of the complaint filed August 6, 2012; 2 2. Within sixty days from the date of this order, plaintiff shall complete and 3 submit the attached Notice of Submission of Documents to the court, with the following 4 documents: 5 a. One completed USM-285 form for defendant A. Murphy; 6 b. Two copies of the endorsed complaint filed August 6, 2012; and 7 c. One completed summons form (if not previously provided) 8 or show good cause why he cannot provide such information. 9 DATED: February 1, 2013. 10 11 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 12 13 AC:mp chap0234.8e 14 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 REX CHAPPELL, Plaintiff, 12 13 14 No. 2:12-cv-0234 MCE AC P vs. B. FLEMING, et al., NOTICE OF SUBMISSION Defendants. 15 OF DOCUMENTS / 16 17 18 Plaintiff hereby submits the following documents in compliance with the court's : order filed completed summons form 19 20 1 completed USM-285 forms 21 2 copies of the August 6, 2012 Amended Complaint 22 DATED: 23 24 Plaintiff 25 26

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