(PC) Turner v. Guibord ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ANTHONY DEWAYNE LEE TURNER, No. 2:19-cv-0416 TLN DB P 11 Plaintiff, 12 v. ORDER 13 SACRAMENTO CITY FIRE DEPT., et al., 14 Defendants. 15 16 Plaintiff, a state prisoner, proceeds pro se with a civil rights action brought under 42 17 U.S.C. § 1983. In an order filed on May 3, 2021, plaintiff was ordered to complete and return to 18 the court, within thirty days and at the same time, the properly completed USM-285 form, 19 summons, and two copies of the operative complaint so that defendant Guibord could be served. 20 On June 16, 2021, the court received plaintiff’s returned documents. The documents are not 21 properly completed. 22 Plaintiff did not submit two copies of the operative complaint as directed. Plaintiff also 23 failed to properly fill out the USM-285 form and summons as directed in that there is no clear 24 address information for service of defendant Guibord, who is the only defendant to be served in 25 this case. Instead of including the information for defendant Guibord, plaintiff has included the 26 names and information of other individuals- White Bear, Hopkins, and Waggoner. The 27 undersigned recommended White Bear, Hopkins, and Waggoner be dismissed from this case in 28 an order filed on March 15, 2021. (ECF No. 26.) Plaintiff filed objections to that recommendation 1 | and the district court ultimately agreed with the undersigned and dismissed plaintiff's claims 2 | against White Bear, Hopkins, and Waggoner in an order filed on April 28, 2021. (ECF No. 28.) 3 Plaintiff is cautioned that while his pleadings are liberally construed as a pro se litigant, he 4 | must still follow the court’s orders and rules of court. See King v. Atiyeh, 814 F.2d 565, 567 (9th 5 | Cir. 1987) (“Pro se litigants must follow the same rules of procedure that govern other litigants.”) 6 | (overruled on other grounds by Lacey v. Maricopa County, 693 F.3d 896 (9th Cir. 2012)); E.D. 7 | Cal. Local Rule 183. Plaintiff will be given another opportunity to provide the required 8 | documents to serve defendant Guibord. If plaintiff does not wish to pursue this case against 9 | defendant Guibord only, then he may file a notice of voluntary dismissal in which case the 10 | undersigned will recommend the court dismiss the case without prejudice. 11 Accordingly, IT IS HEREBY ORDERED: 12 1. The Clerk of the Court is directed to send plaintiff one USM-285 form, one summons, 13 | an instruction sheet, and a copy of the Fourth Amended Complaint filed October 14, 2020; and 14 2. Within thirty days, plaintiff shall submit the properly completed USM-285 form and 15 || summons with the two copies of the endorsed Fourth Amended complaint filed October 14, 2020, 16 | to the court. Failure to return these documents within the specified time period will result in a 17 || recommendation that this action be dismissed. 18 | Dated: June 22, 2021 20 21 | wnosisae Os omtenn UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28