Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action. On May 10, 2011, the court ordered the United States Marshal to serve the complaint on three defendants. The Marshal was unable to effect service on defendants Green and Rodriguez based on the information plaintiff provided on the form USM-285.
If plaintiff wishes to proceed with his claims against defendants Green and Rodriguez, plaintiff must provide additional information that will enable the United States Marshal to serve these named defendants. 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, two USM-285 forms, an instruction sheet, and a copy of the amended complaint filed October 12, 2010;
2. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the documents listed below:
a. Two completed USM-285 forms for defendants Green and Rodriguez;
b. Three copies of the amended complaint filed October 12, 2010; and
c. One completed summons form.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
JULIO MALDONADO, Plaintiff, v. RODRIGUEZ et al., Defendant.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order filed one completed summons form; two completed USM-285 forms; and three true and exact copies of the amended complaint, ...