Rowell v. Zamora, et al

Filing 33

ORDER signed by Magistrate Judge Edmund F. Brennan on 02/13/17 ordering the Clerk of the Court shall mail plaintiff a form USM-285 form. 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 for defendant Medina. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN L. ROWELL,

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Plaintiff,

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No. 2:14-cv-1888-KJM-EFB P

v.

ORDER

L.D. ZAMORA, 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 “C.

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Medina,” noting that “C. Medina” cannot be located because the individual is not employed by

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the California Department of Corrections and Rehabilitation. ECF No. 28. Therefore, plaintiff

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must provide new information about how to locate defendant Medina for service of process.

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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 90 days after filing the complaint unless the time is

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

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information is unreasonably denied or 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 or to show good cause for such failure will result a

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recommendation that defendant Medina be dismissed from this action.

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Dated: February 13, 2017.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN L. ROWELL,
Plaintiff,

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No. 2:14-cv-1888-KJM-EFB P

v.

NOTICE OF SUBMISSION OF
DOCUMENTS

L.D. ZAMORA, et al.,
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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