Hill v. Swarthout et al

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 1/11/18 ORDERING the Clerk of the court shall send to plaintiff 1 USM-285 form, instruction sheet and a copy of the amended complaint filed 3/15/17 12 to be completed and returned with the notice of submission of documents within 60 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH HILL, 12 13 No. 2:15-cv-2012 AC P Plaintiff, v. ORDER 14 GARY SWARTHOUT, et al., 15 Defendants. 16 17 18 19 Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On October 30, 2017, the court ordered the United States Marshal to serve the complaint 20 on defendants. ECF No. 18. Process directed to defendant Sandy was returned unserved because 21 defendant “no longer works at the facility.” ECF No. 20. It was further stated that the facility 22 does not “have a forwarding address for [defendant] and will not accept service.” Id. Plaintiff 23 must provide additional information to serve defendant Sandy. Plaintiff shall promptly seek such 24 information through discovery, the California Public Records Act, California Government Code § 25 6250, et seq., or any other means available to plaintiff. If access to the required information is 26 denied or unreasonably delayed, plaintiff may seek judicial intervention. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The Clerk of the Court is directed to send to plaintiff one USM-285 forms, along with 1 1 an instruction sheet and a copy of the amended complaint filed March 15, 2017 (ECF No. 12); 2 2. Within sixty days from the date of this order, plaintiff shall complete and submit the 3 attached Notice of Submission of Documents to the court, with the following documents: 4 a. One completed USM-285 form for defendant Sandy; 5 b. Two copies of the endorsed amended complaint filed March 15, 2017; and 6 c. One completed summons form (if not previously provided) or show good cause 7 8 9 why he cannot provide such information. IT IS SO ORDERED. DATED: January 11, 2018 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH HILL, 12 13 14 No. 2:15-cv-2012 AC P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS GARY SWARTHOUT, et al. 15 Defendants. 16 17 18 Plaintiff hereby submits the following documents in compliance with the court's order filed _____________________ : 19 ____ completed summons form 20 __1__ completed USM-285 forms 21 __2__ copies of the ____March 15, 2017____ Amended Complaint 22 23 DATED: 24 25 ________________________________ Plaintiff 26 27 28 1

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