Gress v. Smith, et al.

Filing 42

ORDER signed by Magistrate Judge Kendall J. Newman on 05/21/14 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of the amended complaint filed 12/23/13. Within 60 days from the date of th is order, plaintiff shall complete and submit the attached Notice of Submission of Documents, 1 completed USM-285 form for defendant Col and 2 copies of the 12/23/13 amended complaint. (Copy of this order, 1 USM-285 form, instruction sheet and a copy of the 12/23/13 amended complaint served by mail on attorney for plaintiff Ryan M. Daugherty at address of record.)(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GRESS,

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Plaintiff,

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No. 2:13-cv-0328 KJN P

v.

ORDER

DR. CHRISTOPHER SMITH, et al.,

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Defendants.

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Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks

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relief pursuant to 42 U.S.C. § 1983.
On January 23, 2014, the court ordered the United States Marshal to serve the complaint

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on defendants. Process directed to defendant Peter R. Col was returned unserved because “unable

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to locate.” Plaintiff must provide additional information to serve these defendants. Plaintiff shall

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promptly seek such information through discovery, the California Public Records Act, Calif.

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Gov’t. Code §§ 6250, et seq., or other means available to plaintiff. If 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 HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send to plaintiff one USM-285 form, along with

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an instruction sheet and a copy of the amended complaint filed December 23, 2013;

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2. Within sixty days from the date of this order, plaintiff shall:

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A. Complete and submit the attached Notice of Submission of Documents to the court,

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with the following documents:

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a. One completed USM-285 form for defendant Col;

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b. Two copies of the endorsed amended complaint filed December 23, 2013; and

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c. One completed summons form (if not previously provided); OR

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B. Show good cause why he cannot provide such information.
Dated: May 21, 2014

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/gres0328.8e

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GRESS,

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No. 2:13-cv-0328 KJN P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

DR. CHRISTOPHER SMITH, 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 summons form

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__1__

completed USM-285 forms

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__2__

copies of the ____December 23, 2013_____
Complaint

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DATED:

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________________________________
Plaintiff

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