United States District Court, S.D. California
ORDER: (1) DISSOLVING ORDER TO SHOW CAUSE AND (2)
RE-ISSUING SUMMONS AND RE-DIRECTING U.S. MARSHAL TO EFFECT
SERVICE PURSUANT TO 28 U.S.C. § 1915(D) AND
FED. R. CIV. P. 4(C)(3). ECF NOS. 4, 8.
GONZALO P. CURIEL UNITED STATES DISTRICT JUDGE
Escamilla (“Plaintiff”), currently incarcerated
at Salinas Valley State Prison, and proceeding pro se, has
filed a civil rights complaint pursuant to 42 U.S.C.
§1983. ECF No. 1. On February 2, 2019, Plaintiff was
granted permission to proceed in forma pauperis, ECF No. 4,
and a summons was issued to Plaintiff. ECF No. 5. The order
granting Plaintiff's motion directed the Plaintiff to
complete Form 285 and submit it to the U.S. Marshal according
to the instructions provided by the Clerk in the letter
accompanying his IFP package. See ECF Nos. 4, 5. On
September 16, 2019, Plaintiff had not yet complied with this
order, so the Court issued an order to show cause for why the
case should not be dismissed. ECF No. 6.
October 3, 2019, Plaintiff submitted a letter to the Court
explaining why he had not complied with the summons. ECF No.
8. Plaintiff explained that he had been unable to complete
the forms because he is not “legal savvy” and was
unable to find assistance as a prior inmate who was helping
him had since been transferred. Id. Plaintiff wishes
to continue this lawsuit and requests that the Court
“let him know what [he] must do to proceed.”
light of pro se Plaintiff's circumstances, and based on
the reasons articulated in Plaintiff's letter, ECF No. 8,
the Court finds that Plaintiff has shown good cause to
proceed in this action.
IT IS HEREBY ORDERED that:
Court's order to show cause, ECF No. 6, is hereby
Clerk of Court is DIRECTED to
re-issue a summons with respect to Plaintiff's Complaint,
ECF No. 1, and as to Defendant DANIAL. The Clerk should then
provide Plaintiff with the re-issued summons. When sending
the re-issued summons to Plaintiff, the Clerk should include
with the summons: (a) one new blank U.S. Marshal Form 285 for
Defendant DANIAL; (b) another letter instructing Plaintiff on
how to complete this Form 285; (c) a certified copy of this
Order, ECF No. 9; (d) a certified copy of the Order granting
Plaintiff's motion to proceed in forma pauperis, ECF No.
4; and (e) a certified copy of the Complaint, ECF No. 1.
Together, the re-issued summons and additional documents are
Plaintiff's “IFP Package.”
Plaintiff is DIRECTED to complete
the following actions to aid the U.S. Marshal in serving his
a. First, upon receiving the IFP Package, Plaintiff must
complete the IFP package, including the U.S. Marshal Form
285, as accurately as possible.
b. Second, Plaintiff must return the completed IFP package
and Form 285 to the U.S. Marshal according to the
instructions provided by the Clerk's letter.
c. Third, Plaintiff must include on the Form 285 an address
where the U.S. Marshal can serve Defendant DANIAL.
See S.D. Cal. CivLR 4.1.c.
Plaintiff is FURTHER DIRECTED to
complete the following actions for all of his future filings
in this case:
Plaintiff must serve upon Defendant DANIAL and his
attorney, if Defendant obtains an attorney, a copy of every
pleading or document that Plaintiff files with the Court in
every future filing with the Court in his case, Plaintiff
must include a ...