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Guevara v. Ralls

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


February 16, 2010

AMILCAR GUEVARA, PLAINTIFF,
v.
A. RALLS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel and in forma pauperis with this civil rights action. On October 27, 2009, the court ordered the United States Marshal to serve the complaint on defendants. Service of process has been executed on defendants B. P. Scruggs, S. A. Ramirez, and C. Macarve. The Marshal was unable to effect service on defendant Ralls because he is not employed at Represa, and attempts to locate this defendant through the California Department of Corrections and Rehabilitation locator were unsuccessful on January 21, 2010.

If plaintiff wishes to proceed with his claims against defendant Ralls, plaintiff must provide additional information to serve defendant Ralls. 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 plaintiff one summons, one USM-285 form, an instruction sheet, and a copy of the complaint filed April 24, 2009.

2. Within sixty days from the date of this order, plaintiff shall either complete the attached Notice of Submission of Documents and submit it to the court with the documents listed below, or plaintiff shall show good cause why he cannot provide the required information and documents:

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

b. Two copies of the endorsed complaint filed April 24, 2009; and

c. One completed summons form.

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 copies of the amended complaint filed June 23, 2009

20100216

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