Richard v. Rutherford et al

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/30/17 ordering the clerk of the court shall send to plaintiff 1 USM-285 form, instruction sheet and a copy of the amended complaint filed 2/15/17 to be completed and returned within 60 days from the date of this order. (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 CRAIG RICHARD, 12 13 14 No. 2:16-cv-2431 CKD P Plaintiff, v. ORDER RUTHERFORD, et al., 15 Defendants. 16 17 18 19 Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. In an abundance of caution, the court ordered the U.S. Marshal to serve process upon 20 defendant Williamson at both Folsom State Prison and California State Prison, Sacramento, 21 because it was not clear from plaintiff’s submission at which institution he alleges defendant 22 Williamson works. Staff members at both facilities have indicated that they have no record of a 23 “Captain” Williamson. Plaintiff must provide an additional address where defendant Williamson 24 may be served. If plaintiff cannot provide the court with an address, this action will be dismissed 25 without prejudice. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Clerk of the Court is directed to send to plaintiff one USM-285 form, along with 28 an instruction sheet and a copy of the amended complaint filed February 15, 2017; 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 Williamson; and 4 b. Two copies of the endorsed complaint filed February 15, 2017. 5 6 3. Plaintiff’s failure to comply with the order will result in dismissal. Dated: August 30, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 1/mp rich2431.8e(2) 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 CRAIG RICHARD, 12 13 14 No. 2:16-cv-2431 CKD P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS RUTHERFORD, 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 __1__ completed USM-285 forms 21 __2__ copies of the ___February 15, 2017____ Complaint 22 23 DATED: 24 25 ________________________________ Plaintiff 26 27 28 3

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