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Pizarro v. Schultz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 19, 2010

JOSE PIZARRO, PLAINTIFF,
v.
PAUL M. SCHULTZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER FOR PLAINTIFF TO SUBMIT ADDITIONAL COPIES REQUIRED FOR SERVICE OF PROCESS, WITHIN THIRTY DAYS ORDER FOR CLERK TO SEND NOTICE FORM AND COPY OF COMPLAINT TO PLAINTIFF

Plaintiff Jose Pizarro ("plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Plaintiff filed this action on October 25, 2006. (Doc. 1.) On November 8, 2006, Plaintiff consented to Magistrate Judge jurisdiction. (Doc. 4.) No other party has appeared in this action. On October 2, 2009, this case was reassigned to the undersigned for all further proceedings, including trial and entry of judgment. (Doc. 14.)

On November 10, 2009, the court issued an order finding service of the complaint appropriate and forwarding service documents to plaintiff for completion and return. (Doc. 17.) In the order, plaintiff was directed to fill out the forms and return them to the court with seventeen (17) copies of the complaint filed October 25, 2006. On December 15, 2009, plaintiff returned the service documents to the court . (Doc. 18.) However, plaintiff failed to send any copies of the complaint. Before service of the complaint can proceed, plaintiff must send the required copies of the complaint to the court. Plaintiff shall be granted thirty days in which to send seventeen (17) copies of the complaint to the court.

If plaintiff is able to identify the Doe Defendants by name and wishes them to be served, plaintiff must file written notice to the court of their names, and a request for the court to substitute the defendants' names. Before the Doe Defendants can be served, they must be identified on the court's record. Plaintiff must also complete and return two USM-285 forms for these defendants before they can be served.*fn1

Accordingly, it is HEREBY ORDERED that:

1. The Clerk of the Court shall send to plaintiff:

(1) One copy of the complaint filed October 25, 2006 (Doc. 1.), and

(2) A Notice of Submission of Documents form;

2. Within thirty (30) days from the date of this order, plaintiff shall complete the Notice of Submission of Documents form and submit the completed Notice to the court with seventeen (17) copies of the endorsed complaint filed October 25, 2006;

3. If plaintiff is able to identify the Doe Defendants by name and wishes them to be served, plaintiff must file written notice with the court of their names, a request for the court to substitute the defendants' names, and two completed USM-285 forms for these defendants;

4. Plaintiff need not attempt service on defendants and need not request waiver of service. Upon receipt of the above-described Notice and seventeen (17) copies, the court will direct the United States Marshal to serve the defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs; and

5. Plaintiff's failure to comply with this order will result in the dismissal of this action.

IT IS SO ORDERED.


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