Opinion
No. CIV S 07-1986 GEB DAD P.
February 20, 2008
ORDER
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action. On December 11, 2007, the court ordered the United States Marshal to serve the complaint on three defendants. Service has been effected on two defendants. The Marshal was unable to effect service on defendant Dr. Mathis because he is a contract employee, not permanently employed at the facility, and the United States Marshal has no contact information for him.
If plaintiff wishes to proceed with his claims against defendant Dr. Mathis, plaintiff must provide additional information that will enable the United States Marshal to serve this defendant. 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, one USM-285 form, an instruction sheet, and a copy of the amended complaint filed October 24, 2007;
2. Within sixty days from the date of this order, plaintiff shall either complete the attached Notice of Submission of Documents and submit it to the court with the documents listed below, or plaintiff shall show good cause why he cannot provide the required information and documents:
a. One completed USM-285 form for defendant Dr. Mathis;
b. Two copies of the amended complaint filed October 24, 2007; and
c. One completed summons form.