Langston v. Tyler

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 03/02/17 ordering the clerk of the court shall send plaintiff another blank USM-285 form, instruction sheet and copy of the 10/03/16 complaint to be completed and returned with the Notice of Submission of Documents within 30 days. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WALTER SHANE LANGSTON,

12

No. 2:16-cv-2358 GEB AC P

Plaintiff,

13

v.

ORDER

14

TYLER, Correctional Officer,

15

Defendant.

16
Plaintiff is a state prisoner who is proceeds pro se and in forma pauperis in this civil rights

17
18

action filed pursuant to 42 U.S.C. § 1983.
On February 1, 2017, the court directed the United States Marshal to serve the summons

19
20

and complaint on sole defendant Correctional Officer Tyler. Process directed to defendant Tyler

21

at the California Medical Facility was returned unserved with the notation, “Per LO [Litigaton

22

Officer] at facility, they are unable to determine who C/O Tyler is.” ECF No. 17. Plaintiff must

23

provide additional information to serve this defendant. Plaintiff shall promptly seek such

24

information through discovery, the California Public Records Act, California Government Code §

25

6250 et seq., or other means available to plaintiff. If access to the required information is denied

26

or unreasonably delayed, plaintiff may seek judicial intervention.

27

////

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The Clerk of the Court is directed to send plaintiff another blank USM-285 form, along

3

with an instruction sheet and a copy of the endorsed complaint filed October 3, 2016;

4

2. Within thirty (30) days after the filing date of this order, plaintiff shall complete and

5

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

6

documents:

7

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

8

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

9

3. Failure to timely provide the identified documents will result in a recommendation that

10

this action be dismissed without prejudice.

11

DATED: March 2, 2017

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

Plaintiff previously submitted the completed summons form, which the court forwarded to the
United States Marshal.
2

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WALTER SHANE LANGSTON,

12
13

No. 2:16-cv-2358 GEB AC P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

14

TYLER, Correctional Officer,

15

Defendants.

16
17
18

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

19
20

____

One completed USM-285 form for defendant Tyler

21

____

Two copies of the endorsed complaint filed October 3, 2016

22
23
24

____________________________________
Date

____________________________________
Plaintiff

25
26
27
28
1