DELL v. ESPINOZA

Case No. 1:16-cv-1769-MJS (PC).

JONATHAN L. DELL, Plaintiff, v. R. ESPINOZA et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Jonathan L. Dell, Plaintiff, Pro Se.


ORDER FOR SERVICE DOCUMENTS FOR DEFENDANT ESPINOZA

MICHAEL J. SENG, Magistrate Judge.

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a magistrate judge.

This action proceeds on Plaintiff's Complaint on an Eighth Amendment excessive force claim against Corcoran State Prison ("CSP") Correctional Officers Espinoza and Roque, a failure to protect claim against Sergeant James, and a deliberate indifference claim against Dr. Barnett and Lt. Martinez. (ECF Nos. 1, 9.) The incidents underlying this action occurred at CSP in August 2014.

Recently, a summons was returned unexecuted as to CO Espinoza. (ECF No. 16.) Per the unexecuted summons, this Defendant was "[t]erminated in 2005." Since Plaintiff must provide correct information about this Defendant for service of process, Plaintiff will be directed to submit new information for Defendant Espinoza within thirty days. Failure to do so may result in the dismissal of Plaintiff's claim against this Defendant pursuant to Federal Rule of Civil Procedure 4(m).

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court shall mail Plaintiff a USM-285 form; 2. Within thirty days from the date of this order, Plaintiff must submit the completed form and provide new instructions for service of process upon Defendant Espinoza; and 3. Failure to comply with this Order or to show good cause for failure will result in the dismissal of Defendant Espinoza from this action.

IT IS SO ORDERED.


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