Giraldes, Jr. v. Nicolai, et al.

Filing 25

ORDER signed by Magistrate Judge Allison Claire on 03/02/17 ordering the clerk of the court is directed to send plaintiff 1 USM-285 form, instruction sheet and a copy of the seventh amended complaint 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 LARRY GIRALDES, JR., 12 Plaintiff, 13 14 No. 2:16-cv-0497 AC P v. ORDER ALICE NICOLAI, et al., 15 Defendants. 16 Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks 17 18 relief pursuant to 42 U.S.C. § 1983. On February 6, 2017, the court ordered the United States Marshal to serve the complaint 19 20 on defendants. Process directed to defendant Bi was returned unserved because “he isn’t a CDCR 21 employee.” Plaintiff must provide additional information to serve this defendant. Plaintiff shall 22 promptly seek such information through discovery, the California Public Records Act, Calif. 23 Gov’t. Code § 6250, et seq., or other means available to plaintiff. If access to the required 24 information is denied or unreasonably delayed, plaintiff may seek judicial intervention. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Clerk of the Court is directed to send to plaintiff one USM-285 form, along with 27 an instruction sheet and a copy of the seventh amended complaint filed September 20, 2016; 28 ///// 1 1 2 2. Within sixty days from the date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents: 3 a. One completed USM-285 form for defendant Bi; 4 b. Two copies of the endorsed complaint filed September 20, 2016; and 5 c. One completed summons form (if not previously provided) or show good cause 6 why he cannot provide such information. 7 DATED: March 2, 2017 8 9 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 LARRY GIRALDES, JR., 12 13 14 No. 2:16-cv-0497 AC P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS ALICE NICOLAI, 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 ____ completed USM-285 forms 21 ____ copies of the seventh amended complaint 22 23 DATED: 24 ________________________________ 25 Plaintiff 26 27 28 1

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