IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 2, 2010
DAVID EDWARDS, PLAINTIFF,
N. GRANNIS, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action. On May 11, 2010, the court ordered the United States Marshal to serve the complaint on one defendant. The Marshal was unable to effect service on defendant Peck because the California Department of Corrections and Rehabilitation locator was unable to locate defendant Peck.
If plaintiff wishes to proceed with his claims against defendant Peck, 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 April 6, 2010;
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 Peck;
b. Two copies of the endorsed complaint filed April 6, 2010; 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 true and exact copies of the complaint filed [date].
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