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Milton Sykes v. Athannasious

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


April 1, 2013

MILTON SYKES, PLAINTIFF,
v.
ATHANNASIOUS, ET AL., DEFENDANTS.

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

ORDER

On March 8, 2013, this court appointed Mr. Isaac Fisher as pro bono counsel for plaintiff, for limited purposes.*fn1 Plaintiff is incarcerated at the California Medical Facility ("CMF"), is 78 years of age (see Dkt. No. 12 at 16 ("DOB: 12/25/1934")), and appears to have significant health issues (see Dkt. No. 16 at 3).

On December 21, 2012, the court directed the United States Marshal to serve the complaint on defendants Athannasious, Bick, Khaira, and Weiland. To date, only defendant Khaira has filed a waiver of service, and answered the complaint. (Dkt. Nos. 29, 30.) Service of process proceeds on the remaining defendants, with the exception of defendant Bick.

Process directed to defendant Bick was returned unserved by CMF with the statement that defendant "is on sabbatical in Malaysia until August 2013 and is unreachable." (Dkt. No. 25 at 1.) Plaintiff's counsel should, if possible, provide additional information to enable the U.S. Marshal to serve this defendant. If counsel is unable to obtain such additional information, he may request judicial intervention, e.g., by requesting that the California Attorney General accept service on defendant Bick's behalf.

Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of Court is directed to send plaintiff's counsel one USM-285 form, along with an instruction sheet and a copy of the complaint filed October 15, 2012 (Dkt. No. 1).

2. Within twenty-one (21) days after 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 defendant Bick;

b. Two copies of the endorsed complaint filed October 15, 2012; and

c. One completed summons.

3. Alternatively, plaintiff may, within the same deadline, request judicial intervention to assist in completing service of process on defendant Bick, with an explanation why plaintiff is unable to provide additional service information for the U.S. Marshal.

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

2:12-cv-2570 KJM KJN P

MILTON SYKES, Plaintiff, No. v. ATHANNASIOUS, et al., Defendants.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed

1 completed summons form

1 completed USM-285 form

2 copies of the endorsed complaint

Date Plaintiff


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