Gutierrez-Pineda v. United States Marshals Service et al
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|Date Filed||#||Document Text|
|April 1, 2011
ORDER, granting Plaintiff's 3 Motion for Leave to Proceed in forma pauperis; denying Plaintiff's Motions re: 5 , 6 , 7 ; Counts I and III, as well as the alleged violations of the right to petition for redress of grievances, and Defend ant U.S. Marshal's Service are dismissed without prejudice; Plaintiff is granted 60 days to discover by subpoena or otherwise the identity of Defendant John Doe and to file a "Notice of Substitution" providing the Defendant's name in place of John Doe; the Clerk must issue a subpoena in blank and send it to Plaintiff; the Clerk must enter a judgment of dismissal for failure to prosecute without prejudice and without further notice to Plaintiff, if Plaintiff fails to comply with this order; this matter is referred to Magistrate Judge Lawrence O Anderson for all pretrial proceedings. Signed by Judge James A Teilborg on 3/31/11. (REW)
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