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Green v. Burker

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 8, 2008

ERIC W. GREEN, PLAINTIFF,
v.
A. BURKER, ET AL., DEFENDANTS.

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 July 1, 2008, the court ordered the United States Marshal to serve the complaint on defendants. Process directed to defendant James Lewis was returned unserved because "unable to identify, several in CDC locator database." Plaintiff must provide additional information to serve this defendant. Plaintiff shall promptly 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 denied or unreasonably delayed, plaintiff may seek 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 March 26, 2008;

2. Within sixty days from the 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 James Lewis;

b. Two copies of the endorsed amended complaint filed March 26, 2008; and

c. One completed summons form (if not previously provided) or show good cause why he cannot provide such information.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed

1 completed summons form

1 completed USM-285 forms

2 copies of the March 26, 2008

Amended Complaint

20080908

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