Opinion
No. CIV S-09-3267 JAM KJM P.
November 1, 2010
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 July 20, 2010, the court ordered the United States Marshal to serve the complaint on defendant Gore. Process directed to defendant Gore was returned unserved at least in part due to the fact that his first name was not provided. Plaintiff must provide additional information to serve defendant Gore. Plaintiff shall promptly seek such information through 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 complaint filed November 23, 2009;
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 Gore;
b. Two copies of the endorsed complaint filed November 23, 2009; and
c. One completed summons form (if not previously provided)
or show good cause why he cannot provide such information; and
3. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed.
DATED: October 29, 2010.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order filed _______________:1 2 November 23, 2009
_____ completed summons form completed USM-285 forms copies of the Complaint