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Daniel Steve Dixon v. S. Larosa

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


March 8, 2011

DANIEL STEVE DIXON, PLAINTIFF,
v.
S. LAROSA, ET AL., DEFENDANTS.

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

ORDER

Plaintiff is a prisoner who is proceeding without counsel and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. By order filed February 24, 2011, plaintiff was advised that he must provide new service forms for defendants Gamez and Hodges Wilkins. (Dkt. No. 35.) Plaintiff was provided information concerning how he could obtain their current addresses. (Dkt. No. 35 at 1.)

On March 1, 2011, plaintiff filed the necessary documents for service on defendants Gamez and Hodges Wilkins. However, the two USM-285 forms do not contain proper addresses for service on these defendants. Plaintiff includes the Mule Creek State Prison address for defendant Gamez, but includes a telephone number for personnel. Service of process on defendant Gamez was already attempted at Mule Creek State Prison; the unexecuted return of service states that V. Gamez is not employed at Mule Creek State Prison and is not listed with the CDC Locator. (Dkt. No. 34.) As noted in this court's prior order, service on defendant Hodges Wilkins has not yet been returned, executed or unexecuted, by the U.S. Marshal. However, on the newly-submitted USM-285 form, plaintiff lists the Inmate Appeals Branch, the State Personnel Payroll Provider, and the Director of Corrections' phone numbers. Plaintiff is advised that the U.S. Marshal is not responsible for locating defendants on plaintiff's behalf. Plaintiff must obtain an actual address at which the defendant can be served. Phone numbers are not properly included on USM-285 forms. Plaintiff may refer to the court's February 24, 2011 order for information on how he can locate defendants.

In an abundance of caution, plaintiff will be granted additional time to submit properly-completed USM-285 forms. However, plaintiff is cautioned that if he attempts to use phone numbers and/or improper addresses on USM-285 forms again, the court may impose sanctions, including, but not limited to, a recommendation that plaintiff's claims against that defendant be denied. Fed. R. Civ. P. 11.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to send to plaintiff two USM-285 forms, along with an instruction sheet;

2. 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: Two completed USM-285 forms -- one for defendant Gamez and one for defendant Hodges Wilkins, or show good cause why he cannot provide such information.

dixo1441.8e(2)

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

DANIEL STEVE DIXON, Plaintiff, v. S. LAROSA, et al., NOTICE OF SUBMISSION Defendants.

No. 2:10-cv-1441 GEB KJN P

OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed completed USM-285 forms

DATED:

Plaintiff

20110308

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