Johnson v. Perry et al

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 11/2/2018 ORDERING plaintiff is accorded an additional 30 days to submit the information necessary for the U.S. Marshal to effect service on defendants, as set forth in detail in the 8/21/2018 order. The Clerk shall send plaintiff a copy of the 12 order filed 8/21/2018, and a copy of the endorsed 9 First Amended Complaint. Failure of plaintiff to timely submit the service information for defendants or promptly request the court's assistance will result in a recommendation that this action be dismissed. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GILROY E. JOHNSON,

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No. 2:16-cv-0367 MCE AC P

Plaintiff,

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v.

ORDER

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SUZANNE M. PERRY, et al.,

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Defendants.

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Plaintiff is a state prisoner at Kern Valley State Prison proceeding pro se and in forma

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pauperis with a First Amended Complaint (FAC) filed pursuant to 42 U.S.C. § 1983. By order

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filed August 21, 2018, the court found that plaintiff may proceed on his FAC against defendants

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Rohon, Sieber and Rodriquez, based on conditions of plaintiff’s prior incarceration at High Desert

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State Prison. See ECF No. 12. The court directed plaintiff to complete and return to the court,

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within thirty days, the USM-285 forms and other information necessary for the United States

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Marshal to serve process on defendants. Id.
That thirty-day deadline has passed, but plaintiff has not responded to the court’s order.

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Plaintiff will be provided one additional opportunity to submit the information necessary to

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proceed with this case. Failure to comply with this order will result in a recommendation that this

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action be dismissed for failure to prosecute.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is accorded an additional period of thirty days after the filing date of this order

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to submit the information necessary for the U.S. Marshal to effect service on defendants, as set

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forth in detail in the court’s order filed August 21, 2018.

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2. The Clerk of Court is directed to send to plaintiff, together with service of this order, a

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copy of the court’s order filed August 21, 2018 (ECF No. 12), and a copy of the endorsed First

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Amended Complaint (ECF No. 9 (13 pp.)).

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3. Plaintiff may seek the information concerning defendants’ service information through
the California Public Records Act, Calif. Gov’t. Code § 6250, et seq., or any other means

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reasonably available to plaintiff. If access to the required information is unavailable, denied or

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unreasonably delayed, plaintiff may request the assistance of the court; such request must include

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a summary of plaintiff’s own efforts to obtain the necessary information.

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4. Failure of plaintiff to timely submit the service information for defendants or promptly
request the court’s assistance will result in a recommendation that this action be dismissed.
SO ORDERED.
DATED: November 2, 2018

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