Strong v. Folsom State Prison, et al

Filing 47

ORDER Requiring Plaintiff to Submit Additional Information for Service of Defendant signed by Magistrate Judge Michael J. Seng on 06/16/2010. Response due by 7/20/2010. (Flores, E)

1 2 3 4 5 6 7 8 9 DERRICK RABBI STRONG, 10 Plaintiff, 11 v. 12 H. VILLAPUEDA, 13 Defendant. 14 / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court notes that the Defendant's name appears as both H. Villapueda and H. Villapidia in the record. 1
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U N IT E D STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA CASE NO. 1:04-cv-5331-AW I-MJS (PC)

ORDER REQUIRING PLAINTIFF TO SUBMIT ADDITIONAL INFORMATION FOR SERVICE OF DEFENDANT PLAINTIFF'S RESPONSE DUE 7/20/2010

Plaintiff Derrick Rabbi Strong ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's Second Amended Complaint, filed May 3, 2006, against Defendant H. Villapueda1 for violating the Eighth Amendment. Because Plaintiff is

proceeding in forma pauperis, the Court must appoint the United States Marshal to serve the Defendant with a summons and complaint. Fed. R. Civ. Pro. 4(c)(2). Plaintiff submitted a completed USM-285 form indicating that Defendant could be served at Corcoran State Prison. However, when service was attempted at Corcoran, the mail was returned with a notation that there was no employee by that name. The United States Marshall has contacted the litigation coordinators for both Corcoran and Folsom State Prisons. Neither facility employs an H. Villapueda.

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Ultimately, Plaintiff bears the burden of providing the Marshall's service with sufficient information to serve a defendant. See Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994). Accordingly, the Court ORDERS Plaintiff to provide the Court with further information to assist the Marshal in serving H. Villapueda. Such information must be provided to the Court by July 20, 2010. Failure to meet this deadline and provide accurate information as to the whereabouts of Defendant Villapueda may result in dismissal of this action.

IT IS SO ORDERED. Dated: ci4d6 June 16, 2010 /s/ UNITED STATES MAGISTRATE JUDGE

Michael J. Seng

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