Gipbsin v. Kernan, et al

Filing 188

ORDER signed by Magistrate Judge Deborah Barnes on 11/08/17 ORDERING the clerk of the court is directed to send to plaintiff 2 USM-285 forms, instruction sheet and a copy of the 12/29/16 amended complaint to be completed and returned with the notice of submission of documents 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 CLARENCE A. GIPBSIN, 12 Plaintiff, 13 14 15 v. No. 2:12-cv-0556 GEB DB P ORDER SCOTT KERNAN, et al., Defendants. 16 17 18 Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. 19 On October 10, 2017, the court ordered the United States Marshal to serve the complaint 20 on defendants. Process directed to defendants Boretz and Neal were returned unserved because 21 the facilities do not have them as current employees and they cannot be located by other means. 22 Plaintiff must provide additional information to serve these defendants. Plaintiff shall promptly 23 seek such information through discovery, the California Public Records Act, Calif. Gov’t. Code § 24 6250, et seq., or other means available to plaintiff. If access to the required information is denied 25 or unreasonably delayed, 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 two USM-285 forms, along with 28 an instruction sheet and a copy of the amended complaint filed December 29, 2016; 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. Three copies of the endorsed amended complaint filed December 29, 2016; and 5 c. One completed summons form (if not previously provided) or show good cause 6 why he cannot provide such information. 7 DATED: November 8, 2017 8 9 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 DLB:9 DB/orders/prisoner-civil rights/gipb0556.8e 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CLARENCE A. GIPBSIN, 11 Plaintiff, 12 13 No. 2:12-cv-0556 GEB DB P v. NOTICE OF SUBMISSION OF DOCUMENTS SCOTT KERNAN, et al. 14 Defendants. 15 16 17 Plaintiff hereby submits the following documents in compliance with the court's order filed _____________________ : 18 ____ completed summons form 19 ____ completed USM-285 forms 20 ____ copies of the ___________________ Complaint 21 22 DATED: 23 24 25 26 ________________________________ 27 Plaintiff 28 3

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