(PC) Coleman v. California Department of Corrections

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAAHDI COLEMAN, No. 2:21-cv-00625-TLN-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OFCORRECTIONS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. The United States Marshal has returned process directed to several defendants. 19 As to defendant “B. Freriks,” the unexecuted summons states that per the California Department 20 of Corrections and Rehabilitation (“CDCR”), this defendant passed away on October 31, 2021.1 21 ECF No. 41. As to defendants “Tyler,” and “J. Kelly,” the unexecuted summons state that the 22 CDCR is “unable to identify.” Id. 23 Rule 4(m) of the Federal Rules of Civil Procedure requires that an action be dismissed as 24 to a defendant not served within 90 days after filing the complaint unless the time is enlarged 25 26 1 No party has filed a formal statement noting death in accordance with Rule 25 of the 27 Federal Rules of Civil Procedure, which establishes the procedure to be followed if a party dies during the pendency of an action. See Fed. R. Civ. P. 25; Barlow v. Ground, 39 F.3d 231, 233 28 (9th Cir. 1994). 1 | based upon a demonstration of good cause. If plaintiff wishes to pursue this action against 2 || defendants Freriks, Tyler, or Kelly, he must provide new information about how to locate these 3 || defendants for service of process, such as a first name, a physical description, or a timeframe 4 || within which each was employed by CDCR. If plaintiff's access to the required information is 5 || unreasonably denied or delayed, he may seek judicial intervention. 6 Accordingly, it is ORDERED that: 7 1. The Clerk of the Court shall send plaintiff three USM-285 forms. 8 2. Within 30 days from the date this order is served, plaintiff may submit the attached 9 Notice of Submission of Documents with the completed forms USM-285 providing 10 new instructions for service of process upon defendants Freriks, Tyler, and Kelly. 11 3. Failure to comply with this order or to show good cause for such failure will result in a 12 recommendation that defendant Freriks, Tyler, and/or Kelly be dismissed pursuant to 13 Rule 4(m). 14 15 | Dated: August 9, 2023. □□ PDEA EDMUND F. BRENNAN 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 SAAHDI COLEMAN, No. 2:21-cv-00625-TLN-EFB (PC) 8 Plaintiff, 9 v. NOTICE OF SUBMISSION OF DOCUMENTS 10 CALIFORNIA DEPARTMENT OFCORRECTIONS, et al, et al., 11 Defendants. 12

13 Plaintiff hereby submits the following documents in compliance with the court’s order 14 filed ________________: 15

16 3 completed USM-285 form 17

19 DATED: 20

21 ________________________ 22 Plaintiff

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