Webster v. Windsor et al

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/2/13 ORDERING that 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 Medina.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK WEBSTER,

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Plaintiff,

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No. 2:12-cv-2971-KJM-EFB P

v.

ORDER

J. WINDSOR, et al.,

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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 has returned process directed to defendant Medina

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unserved, with a notation indicating that plaintiff’s documents for service were “not deliverable

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as addressed,” and that there was “no such person in the institution records.” ECF No. 17.

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Therefore, plaintiff must provide new information about how to locate defendant for service of

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process. Plaintiff must proceed with haste because Fed. R. Civ. P. 4(m) requires that an action be

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dismissed as to a defendant not served within 120 days after filing the complaint unless the time

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is enlarged based upon a demonstration of good cause. If plaintiff’s access to the required

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information is denied or unreasonably delayed, plaintiff may seek judicial intervention.

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Accordingly, it is ORDERED that:

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1. The Clerk of the Court shall mail plaintiff a form 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 the completed form USM-285 providing new

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instructions for service of process upon defendant Medina.

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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 this action be dismissed as to defendant Medina.

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Dated: October 2, 2013.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK WEBSTER,

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No. 2:12-cv-2971-KJM-EFB P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

J. WINDSOR, 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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