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Mario Navarro v. Debra Herndon

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


April 14, 2011

MARIO NAVARRO, PLAINTIFF,
v.
DEBRA HERNDON, 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 in this civil rights action filed pursuant to 42 U.S.C. § 1983. The court ordered service of plaintiff's amended complaint on September 13, 2010. (Dkt. No. 28.) Service of process has been successful for fourteen of the seventeen named defendants.*fn1 However, three defendants remain unserved: Frishman,*fn2 Shelton, and O'Brien.*fn3 Plaintiff has filed a motion to compel discovery in order to obtain from defendants' counsel the requisite information to serve process on these defendants (Dkt. No. 57), and seeks an extension of time within which to effect such service (Dkt. No. 58). Meanwhile, on November 19, 2010, before all defendants were served, defendants filed a motion to dismiss plaintiff's amended complaint. (Dkt. No. 38.) Plaintiff has filed an opposition to that motion. (Dkt. No. 48.)

Good cause having been shown, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to compel discovery (Dkt. No. 57) is granted in part, as follows:

a. Within fourteen (14) days after the filing date of this order, counsel for defendants (who is an attorney with the California Attorney General's office) shall obtain, to the best of his ability and including all reasonable inquiries, the current information necessary to effect service of process on defendants Frishman, Shelton, and O'Brien, and shall provide such information to plaintiff.

b. Defendants' counsel shall contemporaneously file with the court a notice of compliance, or explanation of noncompliance with this directive.

2. Plaintiff's motion for an extension of time (Dkt. No. 58) within which to effect service of process upon defendants Frishman, Shelton, and O'Brien is granted in part, as follows:

a. Within ten (10) days after receipt of the information from defendants' counsel, plaintiff shall submit to the court the following documents necessary to effect service of process on defendants Frishman, Shelton, and O'Brien:

i. The attached Notice of Submission of Documents;

ii. Three completed USM-285 forms (one for each defendant);

iii. Four copies of the endorsed complaint filed August 10, 2010 (Dkt. No. 24);*fn4 and

iv. One completed summons form.*fn5

b. Within the same deadline, if any of the requested information remains unavailable, plaintiff shall submit an affidavit explaining the omission, and may request that one or more of these defendants be dismissed from this action;

3. The undersigned will address defendants' motion to dismiss (Dkt. No. 38) in a separate order; and

4. The Clerk of Court is directed to send plaintiff three USM-285 forms, along with an instruction sheet, and a blank summons.

nava1878.36.etc.

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

MARIO NAVARRO, Plaintiff, v. DEBRA HERNDON, et al., Defendants.

No. 2:09-cv-1878 KJM KJN P

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed __________________: _____ completed summons form _____ completed USM-285 forms _____ copies of the August 10, 2010 Amended Complaint OR _____ Affidavit stating why this information is not available and/or requesting dismissal of one or more defendants Date Plaintiff


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