(PC) Calderon v. Mnuchin et al

Filing 19

ORDER signed by Magistrate Judge Deborah Barnes on 7/28/22 ORDERING the Clerk of the Court is directed to send plaintiff two USM-285 forms, summons, an instruction sheet, and a copy of the complaint submitted by plaintiff on September 29, 2021 to be completed and returned with the notice of submission of documents within 30 days.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN CALDERON,

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Plaintiff,

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No. 2:21-cv-0358 DB P

v.

ORDER

STEVEN MNUCHIN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff claims that he has not received him economic impact payment (“EIP”)

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pursuant to the Coronavirus Aid, Relief, and Economic Security Act (The “CARES Act”), Pub. L.

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No. 116-136, 134 Stat. 281 (2020), in violation of his rights under the Fourteenth Amendment’s

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Equal Protection Clause.
By order filed February 18, 2022, this court ordered plaintiff to complete and return to the

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court within thirty days, the USM-285 forms and copies of his complaint which are required to

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effect service on defendants. On March 3, 2022, plaintiff submitted the USM-285 forms and

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summons, but failed to provide complete addresses for the defendants. Without complete

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addresses the marshal cannot serve the defendants. The court will grant plaintiff the opportunity

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to submit complete addresses for each defendant.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send plaintiff two USM-285 forms, summons, an

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instruction sheet, and a copy of the complaint submitted by plaintiff on September 29, 2021; and

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2. Within thirty days, plaintiff shall submit to the court:

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a. the completed Notice of Submission of Documents

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b. One completed summons;

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c. One completed USM-285 forms for each defendant (the United States of

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American and the Internal Revenue Service); and

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d. Three copies of the endorsed complaint filed September 29, 2021.

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3. Plaintiff need not attempt service on defendants and need not request waiver of service.

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Upon receipt of the above-described documents, the court will direct the United States Marshal to

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serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment

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of costs.

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Dated: July 28, 2022

/s/DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DB:12
DB/DB Prisoner Inbox/Civil Rights/R/cald0358.8f

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