Armentero v. Doe
Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/11 ORDERING plaintiff to submit forms necessary for service of defendant KI. Tanner within 14 days of the date of this order. (Meuleman, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LUIS ARMENTERO,
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Plaintiff,
vs.
K.L. DICKINSON, et al.,
Defendants.
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No. 2: 10-cv-0965 KJN P
ORDER
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Plaintiff is a state prisoner proceeding without counsel, with a civil rights action
pursuant to 42 U.S.C. § 1983.
On December 23, 2010, the court ordered the United States Marshal to serve the
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complaint on defendants. Process directed to defendant Tanner was returned unserved because
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records indicated that he no longer worked at the California Medical Facility (“CMF”). In
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addition, records from the California Department of Corrections and Rehabilitation indicated that
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he was “not listed.” On April 6, 2011, the court granted plaintiff sixty days to provide additional
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information to serve defendant Tanner.
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On April 18, 2011, plaintiff returned the forms necessary to purportedly effect
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service on defendant Tanner. However, the USM-285 form filled out by plaintiff contained the
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same address for defendant Tanner as did the previous USM-285 form submitted by plaintiff.
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On May 6, 2011, the court granted plaintiff sixty days to provide additional information to serve
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defendant Tanner.
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On June 16, 2011, plaintiff filed a letter with the court regarding service of
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defendant Tanner. Attached to plaintiff’s letter is a letter dated May 25, 2011, addressed to
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plaintiff from the Litigation Coordinator at CMF. This letter states that plaintiff incorrectly
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identified defendant Tanner as “A. Tanner.” This letter states that defendant Tanner is actually
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named “K. Tanner.”
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Plaintiff is directed to complete the USM-285 form and other documents sent to
him on May 6, 2011, for service of K. Tanner and then submit them to the court. Once the
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properly completed forms are received by the court, they shall be forwarded to the U.S. Marshal
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for service of defendant K. Tanner.
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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of
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this order, plaintiff shall submit the forms necessary for service of defendant K. Tanner.
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DATED: June 21, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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