Brummett v. Sillen et al
Filing
27
ORDER REQUIRING Plaintiff to Furnish Further Information for Initiation of Service of Process as to Defendant John Doe 1, signed by Magistrate Judge Dennis L. Beck on 5/2/10: Deadline for Plaintiff to comply with this Order set for 6/7/2010. (Hellings, J)
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1 2 3 4 5 6 7 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MELVIN RAY BRUMMETT, JR., 11 12 v. Plaintiff, CASE NO. 1:06-cv-01255-OWW-DLB PC ORDER REQUIRING PLAINTIFF TO FURNISH FURTHER INFORMATION FOR INITIATION OF SERVICE OF PROCESS (Doc. 21) Defendants. / 16 17 Plaintiff Melvin Ray Brummett, Jr. ("Plaintiff") is a state prisoner proceeding pro se and in RESPONSE DUE WITHIN THIRTY DAYS
UNITED STATES DISTRICT COURT
13 SILLEN, et al., 14 15
18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on 19 Plaintiff's third amended complaint, filed September 2, 2009 (Doc. 21.) Plaintiff states a
20 cognizable claim against Defendant John Doe 1 for violation of the Eighth Amendment and 21 negligence. Because Plaintiff is proceeding in forma pauperis, the Court must appoint the United 22 States Marshal to serve each defendant with a summons and complaint. Fed. R. Civ. Pro. 4(c)(2). 23 However, the Marshal cannot locate and serve unidentified defendants. 24 Within thirty days from the date of service of this order, Plaintiff shall provide the Court with
25 further information to assist the Marshal in serving defendant. The Court is aware that Plaintiff does 26 not know the names of the Doe defendant. From Plaintiff's third amended complaint, it appears that 27 Defendant John Doe 1 worked at California Substance Abuse Treatment Facility in Corcoran, 28 California, as a registered nurse. Plaintiff interacted with Doe 1 on February 3, 2006. If Plaintiff 1
1 can remember any other details that might assist the Court and the Marshal, Plaintiff shall so inform 2 the Court. 3 Based on the foregoing, it is HEREBY ORDERED that within thirty (30) days from the date
4 of service of this order, Plaintiff shall provide the Court with any and all information he has that 5 might help the Marshal identify and serve Defendant John Doe 1. The failure to comply with this 6 order will result in recommendation of dismissal of this action for failure to obey a court order. 7 8 9 3b142a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated:
May 2, 2010
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
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