Tucker v. Daszko et al

Filing 31

ORDER signed by Magistrate Judge Kendall J. Newman on 05/15/20 ORDERING the Clerk of the Court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of the second amended complaint 13 to be completed and returned with the notice of submission of document within 60 days. (Plummer, M)

Case 2:17-cv-01798-MCE-KJN Document 31 Filed 05/15/20 Page 1 of 3
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARCELLIOUS TUCKER,

12
13

No. 2:17-cv-1798 MCE KJN P

Plaintiff,
v.

ORDER

14

JAROM A. DASZKO, M.D.,

15

Defendant.

16
17

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

18

relief pursuant to 42 U.S.C. § 1983. On March 11, 2020, plaintiff was directed to return the

19

forms necessary to serve the sole remaining defendant Jerom A. Daszko, and to include the

20

current address for Dr. Daszko.

21

On May 11, 2020, plaintiff provided a copy of the USM form (not the triplicate USM-285

22

form required by the U.S. Marshal), and the address provided for defendant Daszko is the same as

23

the address at which service of process was returned unexecuted on March 2, 2020 (ECF No. 27).

24

As noted in the court’s March 11, 2020 order, plaintiff must provide new information to serve

25

defendant Daszko. Plaintiff shall promptly seek such information through discovery, the

26

California Public Records Act, Calif. Gov’t. Code §§ 6250, et seq., or other means available to

27

plaintiff. If access to the required information is denied or unreasonably delayed, plaintiff may

28

seek judicial intervention. Plaintiff must provide the new information on the carbonized USM1

Case 2:17-cv-01798-MCE-KJN Document 31 Filed 05/15/20 Page 2 of 3
1

285 form provided by the court. Failure to provide the properly completed USM-285 form will

2

result in a recommendation that this action be dismissed.

3

Accordingly, IT IS HEREBY ORDERED that:

4

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

5
6
7

an instruction sheet and a copy of the second amended complaint (ECF No. 13);
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:

8

a. One completed USM-285 form for defendant Dr. Daszko;

9

b. Two copies of the endorsed second amended complaint (ECF No. 13); and

10

c. One completed summons form (if not previously provided) or show good cause

11

why he cannot provide such information.

12

Dated: May 15, 2020

13
14
15
16

/tuck1798.8e2

17
18
19
20
21
22
23
24
25
26
27
28
2

Case 2:17-cv-01798-MCE-KJN Document 31 Filed 05/15/20 Page 3 of 3
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARCELLIOUS TUCKER,

12
13

No. 2:17-cv-1798 MCE KJN P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

14

JAROM A. DASZKO, M.D.,

15

Defendant.

16
17
18

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

19

____

completed summons form

20

____

completed USM-285 forms

21

____

copies of the ___________________
Second Amended Complaint

22
23

DATED:

24
25
26

________________________________
Plaintiff

27
28
3