Opinion
No. CIV S-07-0711 RRB GGH P.
January 10, 2008
ORDER
Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983.
On November 9, 2007, the court ordered the United States Marshal to serve the complaint on defendants. Process directed to defendant C. Pazos was returned unserved because "Per CSP Sac, no longer @ facility, no fwd'ing info [and] per CDC locator, no `Pazos' in database." Plaintiff must provide additional information to serve this defendant. 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 to plaintiff one USM-285 form, along with an instruction sheet and a copy of the September 20, 2007, amended complaint;
2. Within sixty days from the 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 C. Pazos;
b. Two copies: of the endorsed September 20, 2007, amended complaint; and
c. One completed summons form (if not previously provided)
or show good cause why he cannot provide such information.
NOTICE OF SUBMISSION OF DOCUMENTS
One One Two September 20, 2007
Plaintiff hereby submits the following documents in compliance with the court's order filed _______________: completed summons form completed USM-285 form copies of the Amended Complaint DATED: ________________________________________ Plaintiff