Dixon v. Oleachea, et al.

Filing 39

ORDER signed by Magistrate Judge Allison Claire on 11/26/18 DIRECTING plaintiff to complete and submit the attached Notice of Submission of Documents to the court with 1 completed USM-285 form for defendant Sandoval & 2 Copies of the endorsed amended complaint filed August 3, 2016. The clerk is DIRECTED to send to plaintiff 1 USM-285 form along with an instruction sheet and a copy of the amended complaint. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL DIXON,

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No. 2:15-cv-2372 KJM AC P

Plaintiff,
v.

ORDER

DAVID OLEACHEA, et al.,
Defendants.

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Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks
relief pursuant to 42 U.S.C. § 1983.
On August 1, 2018, the court ordered the United States Marshal to serve the complaint on

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each of the three defendants. Two defendants were served and have appeared in this action.

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However, process directed to defendant R. Sandoval was returned unserved because “not an

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employee of CDCR.” Plaintiff must provide additional information to serve this defendant.

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Plaintiff may seek such information through discovery, the California Public Records Act, Calif.

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Gov’t. Code § 6250, et seq., or other means available to plaintiff. If access to the required

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information is unreasonably denied or delayed, plaintiff may request judicial intervention.

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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 form, along with

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an instruction sheet and a copy of the amended complaint filed August 3, 2016 (ECF No. 8);
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2. Within thirty (30) days after the filing date of this order, plaintiff shall complete and

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

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documents:

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

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b. Two copies of the endorsed amended complaint filed August 3, 2016.1

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3. Alternatively, plaintiff shall show good cause why he cannot provide the information

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necessary to serve process on defendant Sandoval.

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4. Failure of plaintiff to timely provide the required documents and information will
result in a recommendation that defendant Sandoval be dismissed from this action without

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prejudice.

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DATED: November 26, 2018

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Plaintiff previously submitted a completed summons form.
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL DIXON,

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No. 2:15-cv-2372 KJM AC P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

DAVID OLEACHEA, et al.,

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Defendants.

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Plaintiff hereby submits the following documents in compliance with the court’s order
filed _____________________:

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One completed USM-285 form for defendant Sandoval

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Two copies of the First Amended Complaint (ECF No. 9)

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____________________________________
Date

____________________________________
Plaintiff

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