Chambers v. Price et al

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/2017 ORDERING Plaintiff to submit a completed USM-285 form to effectuate service on defendant Valadez within 30 days of the date of this order. (Henshaw, R) Modified on 5/5/2017 (Donati, J).

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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 JEROME CHAMBERS, 12 Plaintiff, 13 14 No. 2:15-cv-2274 KJN P v. ORDER JEROME PRICE, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 17 18 to 42 U.S.C. § 1983. On February 27, 2017, the undersigned ordered the United States Marshal 19 to serve plaintiff’s complaint on defendants Valadez and Zapata. (ECF No. 20.) On March 27, 2017, service was returned unexecuted on defendant Valadez. (ECF No. 20 21 22.) The returned USM-285 form stated that defendant Valadez no longer worked for the 22 department, there was no forwarding address and defendant Valadez’s telephone number was no 23 longer in service. (Id.) By an order filed April 5, 2017, the undersigned ordered plaintiff to provide additional 24 25 information for service of defendant Valadez. (ECF No. 23.) The undersigned ordered plaintiff to 26 complete and return to the court, within thirty days, the USM-285 form and copies of his 27 complaint which are required to effect service on the defendant Valadez. (Id.) 28 //// 1 1 On April 27, 2017, plaintiff submitted the copies of his complaint, but supplied defendant 2 Zapata’s information on the USM-285 form, rather than the additional information required for 3 service of defendant Valadez. (ECF No. 24.) 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Clerk of the Court is directed to send plaintiff one USM-285 form with 6 7 instructions; and 2. Within thirty days, plaintiff shall submit to the court a completed USM-285 form 8 required to effect service on defendant Valadez. Failure to return the copies within the specified 9 time period will result in a recommendation that defendant Valadez be dismissed. 10 Dated: May 5, 2017 11 12 13 cham2274.8f(2) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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