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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