Blaine v. California Health Care Facility et al

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 03/04/15 ordering the clerk of the court shall send plaintiff 3 USM-285 forms, instruction sheet and a copy of the 4/24/14 first amended complaint to be completed and returned within 60 days. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VANCE BLAINE,

12

Plaintiff,

13
14
15

v.

ORDER

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

16

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

17
18

No. 2:13-cv-2163 KJM AC P

action filed pursuant to 42 U.S.C. § 1983.

19

On October 21, 2014, based on the information provided by plaintiff, this court directed

20

the United States Marshal to serve process of plaintiff First Amended Complaint on defendants

21

Crossoh, Knok, Sabin, and Thomas. ECF No. 21. However, process directed to defendant

22

Thomas was recently returned unserved with the notation, “unable to locate or identify.” ECF

23

No. 34. Plaintiff must provide additional information to serve this defendant.1 Plaintiff shall

24

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

25

Gov’t. Code § 6250, et seq., or other means available to plaintiff. If access to the required

26
27
28

1

Plaintiff has also been directed to provide additional information to serve process on defendants
Crossoh and Knok. See ECF No. 31. The status of service of process on defendant Thomas is
not known at this time.
1

1

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

2

Accordingly, IT IS HEREBY ORDERED that:

3

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

4

an instruction sheet and a copy of the endorsed First Amended Complaint (FAC) filed April 24,

5

2014;

6
7

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:

8
9

a. One completed USM-285 form for each defendant for whom plaintiff has
additional service information (see n.1, supra);

10

b. Two copies of the endorsed FAC filed April 24, 2014; and, for each additional

11

defendant for whom plaintiff provides new service information, one more copy of the endorsed

12

FAC; and

13

c. One completed summons form (if not previously provided) or show good cause

14

why plaintiff cannot provide such information.

15

DATED: March 4, 2015

16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VANCE BLAINE,

12
13
14
15

Plaintiff,
v.

18

NOTICE OF SUBMISSION OF
DOCUMENTS

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

16
17

No. 2:13-cv-2163 KJM AC P

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

19
20

____

completed summons form

21

____

completed USM-285 form(s)

22

____

copies of the endorsed First Amended Complaint filed April 24, 2014

23
24
25

____________________________________
Date

____________________________________
Plaintiff

26
27
28
3