Opinion
2:15-cv-0165 MCE AC P
07-20-2021
BRIAN SPEARS, Plaintiff, v. BRUCE BENTON, et al., Defendants.
ORDER
ALLISON CLAIREUNITED STATES MAGISTRATE JUDGE
Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983.
On June 28, 2021, the court ordered the United States Marshal to serve the complaint on defendants. Process directed to defendant Sgt. Armstrong was returned unserved because “PER EL DORADO COUNTY, “… Sgt. Armstrong left the County's employment several years ago and her whereabouts are presently unknown to us.” 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 forms, along with an instruction sheet and a copy of the second amended complaint filed May 3, 2019;
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 Armstrong;
b. Two copies of the endorsed complaint filed May 3, 2019, 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
Plaintiff hereby submits the following documents in compliance with the court's order filed___:
___completed summons form
___completed USM-285 forms
___copies of the ___