Spears et al v. El Dorado County Sheriff's Department et al
Filing
48
ORDER signed by Magistrate Judge Allison Claire on 7/20/21 ORDERING the Clerk of the Court is directed to send to plaintiff one USM-285 forms, along withan instruction sheet and a copy of the second amended complaint filed May 3, 2019 to be completed and returned with the notice of submission of documents within 60 days.(Plummer, M)
Case 2:15-cv-00165-MCE-AC Document 48 Filed 07/20/21 Page 1 of 3
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRIAN SPEARS,
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Plaintiff,
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No. 2:15-cv-0165 MCE AC P
v.
ORDER
BRUCE BENTON, 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.
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On June 28, 2021, the court ordered the United States Marshal to serve the complaint on
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defendants. Process directed to defendant Sgt. Armstrong was returned unserved because “PER
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EL DORADO COUNTY, “… Sgt. Armstrong left the County’s employment several years ago
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and her whereabouts are presently unknown to us.” Plaintiff must provide additional information
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to serve this defendant. Plaintiff shall promptly seek such information through discovery, the
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California Public Records Act, Calif. Gov’t. Code § 6250, et seq., or other means available to
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plaintiff. If access to the required information is denied or unreasonably delayed, plaintiff may
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seek judicial intervention.
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Case 2:15-cv-00165-MCE-AC Document 48 Filed 07/20/21 Page 2 of 3
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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 forms, along with
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an instruction sheet and a copy of the second amended complaint filed May 3, 2019;
2. Within sixty days from the date of this order, plaintiff shall complete and submit the
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attached Notice of Submission of Documents to the court, with the following documents:
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a. One completed USM-285 form for defendant Armstrong;
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b. Two copies of the endorsed complaint filed May 3, 2019, and
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c. One completed summons form (if not previously provided) or show good cause
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why he cannot provide such information.
DATED: July 20, 2021
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Case 2:15-cv-00165-MCE-AC Document 48 Filed 07/20/21 Page 3 of 3
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRIAN SPEARS,
Plaintiff,
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No. 2:15-cv-0165 MCE AC P
v.
NOTICE OF SUBMISSION OF
DOCUMENTS
BRUCE BENTON, 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 summons form
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completed USM-285 forms
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____
copies of the ___________________
Complaint
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DATED:
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________________________________
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Plaintiff
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