Samuels v. CHC Facility

Filing 24

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/18/18 ORDERING the Clerk of the Court shall mail plaintiff 1 USM-285 form. Within 30 days from the date this order is served, plaintiff must submit the attached Notice of Submission of Documents with the completed USM-285 form providing new instructions for service of process upon defendant Seninia. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOE SAMUELS,

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Plaintiff,

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No. 2:18-cv-1107-JAM-EFB P

v.

ORDER

CHC FACILITY, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. The United States Marshal has returned process directed to defendant Seninia.

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The unexecuted summons states that per the litigation coordinator, CDCR does not have an

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employee by that name. ECF No. 22.

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Rule 4(m) of the Federal Rules of Civil Procedure requires that an action be dismissed as

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to a defendant not served within 90 days after filing the complaint unless the time is enlarged

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based upon a demonstration of good cause. If plaintiff wishes to pursue this action against

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defendant Seninia, he must promptly provide new information1 about how to locate this defendant

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for service of process. If plaintiff’s access to the required information is unreasonably denied or

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delayed, he may seek judicial intervention.

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This may take the form of an alternate spelling of her name, a first name or initial, a
physical description, or a different address for service of process.
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Accordingly, it is ORDERED that:

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1. The Clerk of the Court shall mail plaintiff one form USM-285.

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2. Within 30 days from the date this order is served, plaintiff must submit the attached

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Notice of Submission of Documents with the completed forms USM-285 providing new

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instructions for service of process upon defendant Seninia.

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3. Failure to comply with this order or to show good cause for such failure will result in a

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recommendation that defendant Seninia be dismissed pursuant to Rule 4(m).

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Dated: December 18, 2018.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOE SAMUELS,
Plaintiff,

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No. 2:18-cv-1107-JAM-EFB P

v.

NOTICE OF SUBMISSION OF
DOCUMENTS

CHC FACILITY, et al.,
Defendants.

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Plaintiff hereby submits the following documents in compliance with the court’s order
filed ________________:

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completed USM-285 forms

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DATED:

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________________________
Plaintiff

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