Humes v. Lukenbill et al

Filing 35

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 3/21/18 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 JON HUMES, 12 Plaintiff, 13 14 No. 2:17-cv-2609 KJN P v. ORDER LUKENBILL, 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 December 14, 2018, the court ordered the United States Marshal to serve the 19 20 complaint on defendants. Process directed to defendant Lukenbill was returned unserved because 21 Placer County Sheriff’s Dept not willing to accept service. The County currently employs two correctional officers with the last name “Lukenbill.” The Plaintiff has not identified a first name or initial or any other identifying information that would help identify the correct defendant. Nothing further. 22 23 24 (ECF No. 34.) Therefore, plaintiff must provide additional information to serve this defendant. 25 Plaintiff shall promptly seek such information through discovery, the California Public Records 26 Act, Calif. Gov’t. Code §§ 6250, et seq., or other means available to plaintiff. If access to the 27 required information is denied or unreasonably delayed, plaintiff may seek judicial intervention. 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 forms, along with 3 4 5 an instruction sheet and a copy of the complaint filed March 21, 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 March 21, 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 /hume2609.8e(2) 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 JON HUMES, 10 11 12 No. 2:17-cv-2609 KJN P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS LUKENBILL, et al., 13 Defendant. 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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