Tucker v. Daszko et al

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 02/20/19 ORDERING the Clerk of the court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of the 08/08/18 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 MARCELLIOUS TUCKER, 12 Plaintiff, 13 14 No. 2:17-cv-1798 MCE KJN P v. ORDER JAROM A. DASZKO, M.D., 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. 19 On December 18, 2018, the court ordered the United States Marshal to serve the 20 complaint on defendant. Process directed to defendant Jarom A. Daszko was returned unserved 21 because “Mailing returned via USPS “Return to Sender” “Unable to forward.” USMS unable to 22 locate at this time. Nothing further.” (ECF No. 20.) Therefore, plaintiff must provide additional 23 information to serve this defendant. Plaintiff shall promptly seek such information through 24 discovery, the California Public Records Act, Calif. Gov’t. Code §§ 6250, et seq., or other means 25 available to plaintiff. If access to the required information is denied or unreasonably delayed, 26 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 to plaintiff one USM-285 form, along with 3 4 5 an instruction sheet and a copy of the complaint filed August 8, 2018; 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: 6 a. One completed USM-285 form for each defendant; 7 b. Two copies of the endorsed complaint filed August 8, 2018; and 8 c. One completed summons form (if not previously provided) or show good cause 9 10 why he cannot provide such information. Dated: February 20, 2019 11 12 13 tuck1798.8e 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 MARCELLIOUS TUCKER, 10 11 12 No. 2:17-cv-1798 MCE KJN P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS JAROM A. DASZKO, M.D., et al., 13 Defendants. 14 15 16 Plaintiff hereby submits the following documents in compliance with the court's order filed _____________________ : 17 ____ completed summons form 18 ____ completed USM-285 forms 19 ____ copies of the ___________________ Complaint 20 21 DATED: 22 23 24 25 ________________________________ 26 Plaintiff 27 28 3

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