Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights action. The United States Marshal has returned process directed to defendants Sheila and Rodriguez unserved, with notations indicating that "Shiela" cannot be located unless a last name is provided, and that "Rodriguez" is not listed in the CDCR locator database. See Dckt. No. 17.
Plaintiff must provide new information about where these defendants may be served with process. Plaintiff may seek such information through discovery, the California Public Records Act, California Government Code §§ 6250, et seq., or any other means available but must proceed with haste because Rule 4(m) of the Federal Rules of Civil Procedure requires that an action be dismissed as to a defendant not served within 120 days after filing the complaint, unless the time is enlarged based upon a demonstration of good cause. If plaintiff's access to the required information is denied or unreasonably delayed, plaintiff may seek judicial intervention.
Accordingly, it is ORDERED that:
1. The Clerk of the Court shall mail plaintiff two forms USM-285.
2. Within 60 days from the date this order is served, plaintiff may return the completed forms USM-285, providing new instructions for service of process upon defendants Shiela and Rodriguez.
3. Failure to provide new instructions for service of process upon defendants Sheila and Rodriguez within the time allowed or show good cause for such failure will result in a recommendation that this action be dismissed as to those defendants.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
SAMUEL PEREZ, Plaintiff, v. GANDY, et al., Defendants.
No. CIV S-10-0349 WBS EFB P
NOTICE OF SUBMISSION OF DOCUMENTS
In accordance with the court's order filed ______________________, plaintiff hereby submits: