Fisher
(PC) Lugo v. Fisher
Opinion
Trial Court Opinion
DISCUSSION
21 On September 5, 2019, the Court found that service of Plaintiff’s second amended 22 complaint was appropriate as to Defendants Mayfield, Caitlan, and Angelina for interference with 23 mail in violation of the First Amendment, and service was ordered. (ECF No. 26.) 24 On October 4, 2019, pursuant to the E-Service pilot program for civil rights cases in the 25 Eastern District of California, the California Department of Corrections and Rehabilitation 26 returned a notice of intent to not waive personal service on Defendant Angelina because there was 27 no such employee with this name in the mailroom. Therefore, that same date service was 28 forwarded to the United States Marshal Service for service of process pursuant to Fed. R. Civ. P. 4(c)(3). On October 7, 2019, the United States Marshal returned the USM-285 form as unexecuted with a notation that no one by the name of Angelina was able to be identified working at Valley State Prison in 2018 and that a last name is needed for a better chance to identify the defendant. (ECF No. 30.) On October 11, 2019, the Court ordered Plaintiff to file a written response within thirty (30) days…