1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MERRICK JOSE MOORE,

Plaintiff, No. CIV S-04-0763 GEB KJM P

vs.

S. SALENGER, et al.,

Defendants. ORDER

 /

Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff

seeks relief under 42 U.S.C. § 1983. 

On June 8, 2005, the court ordered the United States Marshal to serve the

complaint on several defendants. Process directed to defendant J. Sloss was returned unserved. 

Plaintiff must provide additional information to serve this defendant. Plaintiff shall promptly

seek such information through discovery (to the extent available), 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.

Also, by an order filed December 15, 2005, this court ordered plaintiff to

complete and return to the court, within thirty days, the USM-285 form and two copies of his

April 16, 2004 complaint, which are required to effect service on defendant Fleischman. On

Case 2:04-cv-00763-GEB-CKD Document 40 Filed 05/09/06 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

2

December 27, 2005, plaintiff submitted two copies of the April 16, 2004 complaint but failed to

provide defendant Fleischman’s address on the USM-285 form. Instead of submitting

Fleischman’s address, plaintiff filed a “motion for discovery” in which he asked defendants’

counsel to provide plaintiff with Fleischman’s address. Because there presently are no

defendants in this action, plaintiff’s motion for discovery will be denied. Plaintiff will be granted

one final opportunity to provide the court with a complete USM-285 form for defendant

Fleischman. If plaintiff cannot provide the court with Fleischman’s current address, the court

will recommend that Fleischman be dismissed. 

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to send to plaintiff two USM-285 forms,

along with an instruction sheet and a copy of the complaint filed April 16, 2004.

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 J. Sloss and one for

defendant Fleischman; and 

b. Two copies of the endorsed complaint filed April 16, 2004.

3. Plaintiff’s December 27, 2005 “motion for discovery” is denied.

DATED: May 8, 2006.

______________________________________

UNITED STATES MAGISTRATE JUDGE

/mp

moor0763.8e

Case 2:04-cv-00763-GEB-CKD Document 40 Filed 05/09/06 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MERRICK JOSE MOORE,

Plaintiff, No. CIV S-04-0763 GEB KJM P

vs.

S. SALENGER, et al., NOTICE OF SUBMISSION

Defendants. OF DOCUMENTS

 /

Plaintiff hereby submits the following documents in compliance with the court's

order filed :

 2 completed USM-285 forms

 2 copies of the April 16, 2004 

Complaint

DATED: 

 

Plaintiff

Case 2:04-cv-00763-GEB-CKD Document 40 Filed 05/09/06 Page 3 of 3