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Milano v. Duncan

United States District Court, Eastern District of California
Jun 23, 2022
2:22-cv-00071-JDP (PC) (E.D. Cal. Jun. 23, 2022)

Opinion

2:22-cv-00071-JDP (PC)

06-23-2022

DOMINIC MILANO, Plaintiff, v. DUNCAN, et al., Defendants.


ORDER DIRECTING PLAINTIFF TO SUBMIT TO THE COURT COMPLETED USM-285 FORMS FOR ALL DEFENDANTS

JEREMY D. PETERSON, UNITED STATES MAGISTRATE JUDGE.

Plaintiff, a county inmate proceeding without counsel, filed this civil rights action under 42 U.S.C. § 1983. On April 25, 2022, the court ordered plaintiff to complete and return to the court, within thirty days, four copies of his complaint, a completed summons, and a USM-285 form for each defendant, without which the U.S. Marshal cannot effect service on defendants. On May 11, 2022, plaintiff submitted the USM-285 forms and copies of the summons. However, the USM-285 forms do not provide an address for each defendant. Without that information, the U.S. Marshal is unable to serve defendants with a copy of the summons and complaint.

Plaintiff also did not submit the requisite copies of the operative complaint. He did, however, file a motion asking that the court provide him copies of the complaint. ECF No. 10. He explains that he does not have access to a copy machine at the county jail where he is incarcerated. Id. Plaintiffs motion will be granted. He is cautioned that in the future, copies will only be provided upon receipt of the required copying fee.

Accordingly, it is hereby ORDERED that: 1

1. Plaintiff's motion for copies, ECF No. 10, is granted. Upon receipt of the completed USM-285 forms, the court will provide copies of the operative complaint to the U.S. Marshal.

2. The Clerk of Court is directed to send plaintiff three USM-285 forms.

3. Within thirty days, plaintiff shall submit to the court a completed USM-285 form for each defendant.

4. Failure to return the copies within the specified time period can result in a recommendation that this action be dismissed.

IT IS SO ORDERED. 2


Summaries of

Milano v. Duncan

United States District Court, Eastern District of California
Jun 23, 2022
2:22-cv-00071-JDP (PC) (E.D. Cal. Jun. 23, 2022)
Case details for

Milano v. Duncan

Case Details

Full title:DOMINIC MILANO, Plaintiff, v. DUNCAN, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 23, 2022

Citations

2:22-cv-00071-JDP (PC) (E.D. Cal. Jun. 23, 2022)