Price v. Lamb et al.

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 5/12/2017 DENYING plaintiff's 18 request without prejudice; and the Clerk shall send plaintiff one USM-285 form, along with an instruction sheet and a copy of the 1/17/2017 complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IMMANUEL CHRISTIAN PRICE,

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Plaintiff,

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No. 2:17-cv-0099 KJN P

v.

ORDER

LAMB, et al.,

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Defendants.

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Plaintiff is a prisoner, proceeding pro se and in forma pauperis. Plaintiff seeks relief

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pursuant to 42 U.S.C. § 1983.
On March 24, 2017, the court ordered the United States Marshal to serve the complaint on

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defendants. Service of process on defendant Lamb has been executed, but Lamb has not yet

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formally appeared in this action. Process directed to defendant Ramirez was returned unserved

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because “defendant did not work for them in any capacity at that time.” (ECF No. 17 at 1.)

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On April 20, 2017, plaintiff filed a request for expedited discovery to accurately name the

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individual RN plaintiff apparently misnamed as Ramirez in the complaint. In his request, he cites

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certain forms he claims will contain such information. Plaintiff is advised that he must wait until

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defendant Lamb formally appears in this action. At that time, plaintiff may seek discovery of

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such information from defendant Lamb. Therefore, plaintiff’s request is denied as premature.

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By separate order, this case will be referred to the ADR pilot project and stayed pending

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settlement negotiations.1 Therefore, the court will provide plaintiff with a new USM-285 form

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for completion once he identifies the other defendant, but will not yet set a deadline by which

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plaintiff must substitute the properly-named individual. If plaintiff obtains the proper name of the

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individual, he should inform the court, if appropriate, once the stay is lifted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request (ECF No. 18) is denied without prejudice; and

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2. The Clerk of the Court is directed to send to plaintiff one USM-285 form, along with

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an instruction sheet and a copy of the complaint filed January 17, 2017;
Dated: May 12, 2017

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/pric0099.8e

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Of course, plaintiff may also request such information from defendant’s counsel during such
settlement discussions.

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