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Martinez v. Blanas

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


September 30, 2009

ROBERT MARTINEZ, PLAINTIFF,
v.
LOU BLANAS, DEFENDANT.

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action. On July 6, 2009, the court ordered the United States Marshal to serve the complaint on defendant Blanas. However, the Marshal was unable to effect service on defendant Blanas, reporting that he is no longer employed at the Sacramento County Main Jail, and the California Department of Corrections and Rehabilitation locator has no record of him.*fn1

If plaintiff wishes to proceed with his claims against defendant Blanas, plaintiff must provide additional information that will enable the United States Marshal to serve this defendant. Plaintiff shall promptly seek such information through any means available to him.

Plaintiff is cautioned that when service of a complaint is not made upon a defendant within 120 days after the complaint was filed, the court may be required to dismiss the plaintiff's claims against that defendant. See Fed. R. Civ. P. 4(m).

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to send plaintiff one summons, one USM-285 form, an instruction sheet, and a copy of the amended complaint filed September 2, 2008;

2. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the documents listed below:

a. One completed USM-285 form for defendant Blanas;

b. Two copies of the second amended complaint filed September 2, 2008; and

c. One completed summons form.

Failure to do so will result in a recommendation that this action be dismissed without prejudice. See Fed. R. Civ. P. 4(m) and 41(b).

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed one completed summons form; one completed USM-285 form; and two true and exact copies of the second amended complaint filed

September 2, 2008


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