Oliver v. Pfeiffer et al

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/04/17 ordering the clerk of the court shall mail plaintiff another form USM-285. 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 upon defendant Sanchez. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCUS E. OLIVER,

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Plaintiff,

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No. 2:15-cv-1980-EFB P

v.

ORDER

OFFICER PFEIFFER, 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. On March 16, 2017, the court informed him that the United States Marshal had

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returned process directed to defendant Sanchez, noting the Litigation Coordinator’s response that

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Sanchez could not be located because “nobody named Sanchez was working in R & R on [April

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22, 2014],” and “with no first name or initial, they will not accept service.” ECF No. 29.

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Therefore, the court instructed plaintiff to provide new information about how to locate defendant

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Sanchez for service of process, within 30 days. ECF No. 30. Plaintiff was also cautioned that he

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must proceed with haste because Fed. R. Civ. P. 4(m) requires that an action be dismissed as to a

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defendant not served within 90 days after filing the complaint unless the time is enlarged based

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upon a demonstration of good cause. The court further instructed that if plaintiff’s access to the

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required information is unreasonably denied or delayed, he may seek judicial intervention.

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The time for acting has passed and plaintiff has not complied with or otherwise responded

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to the court’s order. Accordingly, in an abundance of caution, it is ORDERED that:

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1. The Clerk of the Court shall mail plaintiff another 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 Sanchez.

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3. Failure to comply with this order or to show good cause for such failure will result in

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the dismissal of this action, as Sanchez is the sole defendant in this case.

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Dated: May 4, 2017.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCUS E. OLIVER,
Plaintiff,

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No. 2:15-cv-1980-EFB P

v.

NOTICE OF SUBMISSION OF
DOCUMENTS

OFFICER PFEIFFER, 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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