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Warner v. McMahon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 8, 2010

LANCE WARNER, PLAINTIFF,
v.
M. MCMAHON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: James L. Robart United States District Judge

ORDER

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

On November 30, 2009, the court ordered the United States Marshal to serve the complaint on Defendants. (See Dkt. # 24.) Process directed to Defendants was returned unserved because they were unable to be located. (See Dkt. # 26.) Plaintiff must provide additional information to serve Defendants. 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.

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:

I. The Clerk of the Court is directed to send to Plaintiff four (4) USM-285 forms, along with an instruction sheet and a copy of the amended complaint filed September 30, 2008 (Dkt. # 9);

II. 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 each defendant;

b. Five copies of the endorsed complaint filed September 30, 2008 (Dkt. # 9); 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 Lance Warner hereby submits the following documents in compliance with the court's order filed March 8, 2010:

completed summons form(s)

completed USM-285 form(s)

copies of the amended complaint DATED: _____________________

Plaintiff

20100308

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