Calhoun v. Gomez et al

Filing 39

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/08/14 denying 29 Motion to Compel/request for court assistance. Plaintiff's request for an extension of time 30 is granted. The clerk of the court shall mail plaintiff a form USM-285. Within 30 days from the date this order is served, plaintiff must submit the attached notice of submission of documents with the completed form USM-285 providing new instructions for service of process upon defendant Green. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMONT L. CALHOUN,

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No. 2:12-cv-2856-GEB-EFB P

Plaintiff,
v.

ORDER

M. GOMEZ, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. The United States Marshal returned process directed to defendant Green, with a

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notation indicating that the individual could not be located because “4 Greens [were] working

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[in the] area at [the] time of event in complaint.” ECF No. 26. On February 14, 2014, the court

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directed plaintiff to provide new information about how to locate defendant Green for service of

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process. The court warned that 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. The court also

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informed plaintiff that if his access to the required information is unreasonably denied or delayed,

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he may seek judicial intervention. ECF No. 28.

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In response, plaintiff filed a motion to compel defendants to produce a description of all
four of the “Greens” working the area at the time of the complaint. ECF No. 29. He also
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requested an extension of time to comply with the court’s February 14, 2014 order. ECF No. 30.

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None of the defendants have appeared in this action and it is premature at this point to compel

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defendants to respond to plaintiff’s discovery requests. Moreover, plaintiff has not shown that his

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access to the required information has been unreasonably denied or delayed. In fact, it appears as

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though plaintiff has not made any independent effort to collect new information about how to

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locate defendant Green for service of process. Thus, plaintiff’s request for court assistance in

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identifying the correct “Green” for service of process is unwarranted.

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Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion to compel/request for court assistance in locating defendant Green for
service of process (ECF No. 29) is denied.

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2. Plaintiff’s request for an extension of time (ECF No. 30) is granted.

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3. The Clerk of the Court shall mail plaintiff a form USM-285.

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4. 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 the completed form USM-285 providing new

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instructions for service of process upon defendant Green.

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5. Failure to comply with this order within the time allowed or to show good cause for such

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failure will result in a recommendation that this action be dismissed as to defendant

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Green.

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DATED: April 8, 2014.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMONT L. CALHOUN,

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No. 2:12-cv-2856-GEB-EFB P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

M. GOMEZ, et al.,

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Defendants.

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Plaintiff hereby submits the following documents in compliance with the court’s order
filed ________________:

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completed USM-285 form

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DATED:

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________________________
Plaintiff

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