Opinion
2:22-cv-00293-CDS-NJK
12-14-2022
AMMAR HARRIS, Plaintiff, v. CHARLES DANIELS, et al., Defendants.
ORDER
[DOCKET NO. 40]
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
Pending before the Court is Plaintiff's motion to serve Wilson F. Bernales. Docket No. 40.
The Court construes pro se filings liberally. Blaisdell v. Frappiea, 729 F.3d 1237, 1241 (9th Cir. 2013).
Plaintiff's motion identifies Wilson F. Bernales as the remaining unserved defendant in this case. Id. at 1. Plaintiff requests the Court issue summons to Defendant Bernales and order the U.S. Marshal Service to serve Defendant. Id. Pursuant to this Court's order, the Attorney General's Office filed a notice identifying the defendants for whom it does not accept service. See Docket Nos. 31 at 2 (order), 36 (notice of acceptance of service). The Attorney General's Office also filed under seal the last known address of Defendant Wilson F. Bernales. Docket No. 37.
Defendant Wilson F. Bernales was added to the Docket as William F. Bernales. See Docket Entry for Docket No. 39. The Clerk's Office is INSTRUCTED to substitute Wilson F. Bernales for William F. Bernales. See Docket No. 39.
Accordingly, Plaintiff's motion identifying unserved defendants and requesting issuance of summons is GRANTED. Docket No. 40. The Court therefore ORDERS as follows:
Plaintiff also seeks to renew his motion for limited discovery. Docket No. 40 at 2. A separate document must be filed for each type of relief requested. Local Rule IC 2-2(b). Accordingly, the Court declines to reach Plaintiff's request to renew his prior motion at this time.
• The Clerk's Office is INSTRUCTED to mail Plaintiff a blank copy of the USM-285 form.
• Plaintiff will have twenty days in which to furnish the United States Marshal with the required USM-285 forms with the relevant information as to Defendant Wilson F. Bemales.
• The Clerk's Office will issue summons to Defendant Bemales, and deliver the complaint and that summons to the United States Marshal for service.
• Within twenty days after receiving fr om the United States Marshal a copy of the Form USM-285, showing whether service has been accomplished. Plaintiff must file a notice identifying whether Defendant Bemales was served. If service was unsuccessful and Plaintiff wishes to have service attempted again, a motion must be filed identifying the unserved defendants and specifying a detailed name and/or address for said defendant, or whether some other manner of service should be attempted.
IT IS SO ORDERED.