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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IMMANUEL CHRISTIAN PRICE, 12 Plaintiff, 13 14 No. 2:17-cv-0099 KJN P v. ORDER LAMB, et al., 15 Defendants. 16 Plaintiff is a prisoner, proceeding pro se and in forma pauperis. Plaintiff seeks relief 17 18 pursuant to 42 U.S.C. § 1983. On March 24, 2017, the court ordered the United States Marshal to serve the complaint on 19 20 defendants. Service of process on defendant Lamb has been executed, but Lamb has not yet 21 formally appeared in this action. Process directed to defendant Ramirez was returned unserved 22 because “defendant did not work for them in any capacity at that time.” (ECF No. 17 at 1.) 23 On April 20, 2017, plaintiff filed a request for expedited discovery to accurately name the 24 individual RN plaintiff apparently misnamed as Ramirez in the complaint. In his request, he cites 25 certain forms he claims will contain such information. Plaintiff is advised that he must wait until 26 defendant Lamb formally appears in this action. At that time, plaintiff may seek discovery of 27 such information from defendant Lamb. Therefore, plaintiff’s request is denied as premature. 28 //// 1 1 By separate order, this case will be referred to the ADR pilot project and stayed pending 2 settlement negotiations.1 Therefore, the court will provide plaintiff with a new USM-285 form 3 for completion once he identifies the other defendant, but will not yet set a deadline by which 4 plaintiff must substitute the properly-named individual. If plaintiff obtains the proper name of the 5 individual, he should inform the court, if appropriate, once the stay is lifted. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s request (ECF No. 18) is denied without prejudice; and 8 2. The Clerk of the Court is directed to send to plaintiff one USM-285 form, along with 9 10 an instruction sheet and a copy of the complaint filed January 17, 2017; Dated: May 12, 2017 11 12 13 /pric0099.8e 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 Of course, plaintiff may also request such information from defendant’s counsel during such settlement discussions. 28 2

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