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Anthony Passer v. Dr. Steevers

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


October 17, 2012

ANTHONY PASSER, PLAINTIFF,
v.
DR. STEEVERS, ET AL., DEFENDANTS.

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

ORDER

Plaintiff is a state prisoner who is proceeding without counsel or "pro se" and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.

On July 23, 2012, the court directed the United States Marshal to serve process on defendants Alchek, Azevedo, Coleman, Mehta and Rosales,*fn1 pursuant to plaintiff's Second Amended Complaint. (Dkt. No. 58). Defendants Mehta and Rosales have been served process and appeared in this action. (Dkt. Nos. 64.) However, the United States Marshal was unable to serve process on defendants Alchek, Azevedo and Coleman, due to inadequate service information.

By order filed September 24, 2012, the court noted that process directed to defendant Alchek was returned unserved because "defendant moved and left no address;" the court directed plaintiff to provide additional service information. (Dkt. Nos. 61, 62.) The court presently notes that the process directed to defendants Coleman and Azevedo were also returned unserved because the correctional facility that plaintiff identified as their place of employment was "unable to identify [either defendant] without [their] first name or initial." (Dkt. Nos. 65, 66.)

Plaintiff must now provide additional information to serve defendants Alchek, Coleman and Azevedo.*fn2 Plaintiff shall promptly seek such information through discovery, the California Public Records Act, Calif. Gov't. Code §§ 6250, et seq., or other means available to plaintiff. If access to the required information is denied or unreasonably delayed, plaintiff may seek judicial intervention.

Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to send plaintiff three USM-285 forms, along with an instruction sheet and a copy of the Second Amended Complaint filed November 12, 2010 (Dkt. No. 41);

2. Within sixty days from the filing date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents:

a. One completed USM-285 form for each defendant (Alchek, Coleman and Azevedo);

b. Four copies of the endorsed Second Amended Complaint filed November 12, 2010 (Dkt. No. 41); and

c. One completed summons form (if not previously provided) or show good cause why plaintiff cannot provide such information.

SO ORDERED.

pass2792.8e(2)

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

No. 2:08-cv-2792 MCE KJN P

ANTHONY PASSER, Plaintiff, v. DR. STEEVERS, et al., Defendants.

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 November 12, 2010 Second Amended Complaint Date Plaintiff


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