Fratus v. Mazyck et al

Filing 17

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/21/16: The Clerk of the Court shall mail plaintiff a form USM-285. Within 30 days from the date this order is served, plaintiff must submit the Notice of Submission of Documents with the completed form USM-285. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN FRATUS,

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No. 2:16-cv-0076-KJM-EFB P
Plaintiff,

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v.

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MAZYCK, et al.,

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ORDER

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. The United States Marshal has returned process directed to defendant Lay, noting

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that Lay could not be located based on the information provided by plaintiff and that Lay is no

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longer employed by the California Department of Corrections and Rehabilitation. ECF No. 15.

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Therefore, plaintiff must provide new information about how to locate defendant Lay for service

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of process. Plaintiff must proceed with haste because Fed. R. Civ. P. 4(m) requires that an action

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be dismissed as to a defendant not served within 90 days after filing the complaint unless the time

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is enlarged based upon a demonstration of good cause. If plaintiff’s access to the required

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

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Accordingly, it is ORDERED that:

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1. The Clerk of the Court shall mail plaintiff a 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 Lay.

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

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recommendation that defendant Lay be dismissed from this action.

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Dated: July 21, 2016.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN FRATUS,

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Plaintiff,

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No. 2:16-cv-0076-KJM-EFB P

v.

NOTICE OF SUBMISSION OF
DOCUMENTS

MAZYCK, et al.,

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Defendants.

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Plaintiff hereby submits the following documents in compliance with the court’s

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Screening Order:

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completed forms USM-285 for defendant Lay

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completed summons form

copies of the endorsed January 13, 2016 complaint

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____________________________

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Plaintiff
Dated:

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