Romano v. Sacramento Police Department, et al.

Filing 29

ORDER signed by Magistrate Judge Allison Claire on 2/04/16 ordering the clerk of the court is directed to send plaintiff, at his current address of record, 1 blank summons, and 1 blank USM-285 form. Within 30 days after the filing date of this order, plaintiff shall submit to the court the fully completed summons and USM-285 form for service of process on defendant Redlich together with the attached Notice of Submission without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PERRY ROMANO,

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Plaintiff,
v.

ORDER

SACRAMENTO
POLICEDEPARTMENT, et al.,
Defendants.

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No. 2:14-cv-2470 AC P

Plaintiff, a former state prisoner, proceeds pro se and in forma pauperis with a civil rights

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action filed pursuant to 42 U.S.C. § 1983. A recent order of this court served on plaintiff’s

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address of record was returned as undeliverable. (See ECF No. 25, and docket notation entered

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Jan. 29, 2016.) Nevertheless, plaintiff partially complied with the court’s order by submitting

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documents for the U.S. Marshal to serve process on sole defendant Redlich. However, these

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documents are incomplete – neither the USM-285 form nor the summons include defendant’s

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street address (so that service of process can be made on defendant), and neither document

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includes plaintiff’s address (so that defendant can respond to the complaint). Plaintiff does not

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need to submit further copies of the complaint – the court has received the copies previously sent

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by plaintiff.

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Further, it appears that plaintiff has failed to comply with Local Rule 183(b), which

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requires that a party appearing in propria persona promptly inform the court of any address
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change, and authorizes dismissal of an action without prejudice if a notice of address change has

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not been provided within sixty-three days after the return of a court order.1 Pursuant to Local

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Rule 182(f), service of documents at the record address of the party is fully effective.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to send plaintiff, at his current address of record, one

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blank summons and one blank USM-284 form.

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2. Within thirty days after the filing date of this order, plaintiff shall submit to the court

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the fully completed summons and USM-285 form for service of process on defendant Redlich,

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together with the attached Notice of Submission without prejudice.

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3. Failure to return these documents within the specified time period will result in a

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recommendation that this action be dismissed without prejudice.

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DATED: February 4, 2016

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Local Rule 183(b) provides:
A party appearing in propria persona shall keep the Court and
opposing parties advised as to his or her current address. If mail
directed to a plaintiff in propria persona by the Clerk is returned by
the U.S. Postal Service, and if such plaintiff fails to notify the Court
and opposing parties within sixty-three (63) days thereafter of a
current address, the Court may dismiss the action without prejudice
for failure to prosecute.
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PERRY ROMANO,

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No. 2:14-cv-2470 AC P

Plaintiff,
v.

NOTICE OF SUBMISSION

SACRAMENTO POLICE
DEPARTMENT, et al.,

OF DOCUMENTS

Defendants.

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Plaintiff submits the following documents in compliance with the court’s order filed
___________________.

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One fully completed summons form for defendant Redlich

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One fully completed USM-285 form for defendant Redlich

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AND:
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Plaintiff consents to the dismissal without prejudice of defendants
Joseph and the Sacramento Police Department

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____________________________________
Date

____________________________________
Plaintiff

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