Greschner v. California Department of Corrections & Rehabilitation, et al.

Filing 33

ORDER signed by Magistrate Judge Allison Claire on 02/28/20 ORDERING the Clerk of the Court is directed to send to plaintiff, together with a copy of this order: 2 USM-285 forms, instructions sheet, a copy of the first amended complaint 15 , and co pies of the summons to defendants Syverson and Schwartz that were returned unexecuted 31 and 32 . Within 60 days after the filing date of this order, plaintiff shall complete and submit to the court the attached Notice of submission of documents, together with 1 completed USM-285 form for each defendants and 2 copies of the endorsed first amended complaint filed 4/22/19 15 . Briefing responsive to the motion to dismiss filed by defendant Banning Lassen Medical Center 30 is stayed until further order of this court; plaintiff need not respond to the motion until so directed by this court. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN GRESCHNER,

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No. 2:15-cv-1663 MCE AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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Plaintiff is a former California state prisoner, currently incarcerated in the Arkansas

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Valley Correctional Facility, who proceeds pro se and in forma pauperis with this civil rights

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action filed pursuant to 42 U.S.C. § 1983. This order directs plaintiff to provide additional

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information for the United States Marshal to serve process on defendants Dr. Dale L. Syverson

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and Dr. Arthur A. Schwartz, and stays briefing on the motion to dismiss recently filed by

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defendant Banner Lassen Medical Center.

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On October 2, 2019, the court directed the U.S. Marshal to serve the First Amended

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Complaint (FAC) on all four defendants. Defendants Dr. Jeffrey Rolfing and Banner Lassen

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Medical Center responded to the FAC. However, process directed to defendants Syverson and

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Schwartz were returned unserved. See ECF Nos. 31, 32. Plaintiff must provide additional

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information to serve these defendants. Plaintiff shall promptly seek such information through
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discovery, the California Public Records Act, Calif. Gov’t. Code § 6250, et seq., or other means

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available to plaintiff. If access to the required information is denied or unreasonably delayed,

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plaintiff may seek judicial intervention subject to demonstrating that he made a good faith effort

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to obtain the information independently.

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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, together with a copy of this

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order: (1) two USM-285 forms, along with an instruction sheet and a copy of the endorsed FAC

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filed April 22, 2019 (ECF No. 15); and (2) copies of the summons to defendants Syverson and

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Schwartz that were returned unexecuted (ECF Nos. 31 & 32).

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2. Within sixty (60) days after the filing date of this order, plaintiff shall complete and

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submit to the court the attached Notice of Submission of Documents, together with the following

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documents:1

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a. One completed USM-285 form for each defendant; and

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b. Two copies of the endorsed FAC filed April 22, 2019.

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3. Briefing responsive to the motion to dismiss filed by defendant Banning Lassen

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Medical Center (ECF No. 30) is stayed until further order of this court; plaintiff need not respond

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to the motion until so directed by this court.

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DATED: February 28, 2020

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Plaintiff need not submit an additional summons nor a third copy of the FAC, as these have
already been provided to the United States Marshal.
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN GRESCHNER,

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No. 2:15-cv-1663 MCE AC P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, 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 forms

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__2__

copies of the endorsed FAC

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____________________________________
Date

____________________________________
Plaintiff

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