Elawyers Elawyers
Washington| Change

Dixon v. Oleachea, 2:15-cv-2372 KJM AC P. (2018)

Court: District Court, E.D. California Number: infdco20181128a19 Visitors: 9
Filed: Nov. 26, 2018
Latest Update: Nov. 26, 2018
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. 1983. On August 1, 2018, the court ordered the United States Marshal to serve the complaint on each of the three defendants. Two defendants were served and have appeared in this action. However, process directed to defendant R. Sandoval was returned unserved because "not an employee of CDCR." Plaintiff must provide additional infor
More

ORDER

Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983.

On August 1, 2018, the court ordered the United States Marshal to serve the complaint on each of the three defendants. Two defendants were served and have appeared in this action. However, process directed to defendant R. Sandoval was returned unserved because "not an employee of CDCR." Plaintiff must provide additional information to serve this defendant. Plaintiff may seek such information through discovery, the California Public Records Act, Calif. Gov't. Code § 6250, et seq., or other means available to plaintiff. If access to the required information is unreasonably denied or delayed, plaintiff may request judicial intervention.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of the amended complaint filed August 3, 2016 (ECF No. 8);

2. Within thirty (30) days after the filing date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents:

a. One completed USM-285 form for defendant Sandoval; and b. Two copies of the endorsed amended complaint filed August 3, 2016.1

3. Alternatively, plaintiff shall show good cause why he cannot provide the information necessary to serve process on defendant Sandoval.

4. Failure of plaintiff to timely provide the required documents and information will result in a recommendation that defendant Sandoval be dismissed from this action without prejudice.

FootNotes


1. Plaintiff previously submitted a completed summons form.
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer