Perez v. Gandy
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/21/11 ordering the clerk of the court shall mail plaintiff 2 USM-285 forms to be completed and returned within 60 days.(Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SAMUEL PEREZ,
Plaintiff,
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No. CIV S-10-0349 WBS EFB P
vs.
GANDY, et al.,
Defendants.
ORDER
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Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights
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action. The United States Marshal has returned process directed to defendants Sheila and
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Rodriguez unserved, with notations indicating that “Shiela” cannot be located unless a last name
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is provided, and that “Rodriguez” is not listed in the CDCR locator database. See Dckt. No. 17.
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Plaintiff must provide new information about where these defendants may be served with
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process. Plaintiff may seek such information through discovery, the California Public Records
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Act, California Government Code §§ 6250, et seq., or any other means available but must
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proceed with haste because Rule 4(m) of the Federal Rules of Civil Procedure requires that an
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action be dismissed as to a defendant not served within 120 days after filing the complaint,
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unless the time is enlarged based upon a demonstration of good cause. If plaintiff’s access to the
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required information is denied or unreasonably delayed, plaintiff may seek judicial intervention.
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Accordingly, it is ORDERED that:
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1. The Clerk of the Court shall mail plaintiff two forms USM-285.
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2. Within 60 days from the date this order is served, plaintiff may return the completed
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forms USM-285, providing new instructions for service of process upon defendants Shiela and
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Rodriguez.
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3. Failure to provide new instructions for service of process upon defendants Sheila and
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Rodriguez within the time allowed or show good cause for such failure will result in a
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recommendation that this action be dismissed as to those defendants.
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DATED: June 21, 2011.
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SAMUEL PEREZ,
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Plaintiff,
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vs.
GANDY, et al.,
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Defendants.
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NOTICE OF SUBMISSION OF DOCUMENTS
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No. CIV S-10-0349 WBS EFB P
In accordance with the court’s order filed ______________________, plaintiff hereby
submits:
completed forms USM-285
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Dated:
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Plaintiff
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