Harbridge v. Yates et al

Filing 81

ORDER REQUIRING Plaintiff to Make Proper Subtitution for Defendant W. R. Williams and Provide Address for Service, signed by Magistrate Judge Jennifer L. Thurston on 5/20/2014. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER HARBRIDGE,

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Plaintiff,

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v.

Case No. 1:10-cv-00473-AWI-JLT (PC)
ORDER REQUIRING PLAINTIFF TO
MAKE PROPER SUBSTITUTION FOR
DEFENDANT W.R. WILLIAMS AND
PROVIDE ADDRESS FOR SERVICE

HICKMAN, et al.,
(Docs. 59, 77)

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Defendants.
30-DAY DEADLINE

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Plaintiff, Christopher Harbridge, filed this civil rights action pursuant to 42 U.S.C. § 1983

18 and California law on March 16, 2010.
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Service of summons was ordered on all of the Defendants in this action and efforts by the

20 U.S. Marshal Service began on March 5, 2013. (Doc. 33.) Executed waivers of service of
21 summons were received from and/or answers were filed by Defendants J. L. Brown, Franco, Hall,
22 Herrera, Lee, McBride, Redding, D. Reeves, Singleton, R. H. Trimble, and Tucker. (Docs. 35, 39,
23 42.)
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Defendants filed a statement noting the death of Defendant William on March 13, 2014.

25 (Doc. 59.) An unexecuted waiver of service as to Defendant Williams was filed on May 19, 2014.
26 (Docs. 59, 77.)
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Service was not executed on Defendant Williams because he is deceased. Plaintiff may

28 seek to substitute the proper party for Defendant Williams. However, it is Plaintiff's responsibility

1 to identify the party, make the substitution, and provide sufficient information for the Marshal to
2 locate the party for service. Neither the Court nor the Marshal may conduct an investigation on
3 Plaintiff's behalf to determine this information.
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Plaintiff is given the opportunity to substitute the proper party in light of Defendant

5 William's death and provide that party's address for service. If Plaintiff fails to make the proper
6 substitution and provide a current address within the time provided herein, Defendant Williams
7 will be dismissed from this action.
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Accordingly, it is HEREBY ORDERED that within 30 days from the date of this order,

9 Plaintiff SHALL make the substitution and provide service information for the marshal to locate
10 the party for service of Plaintiff's complaint as to his claims against Defendant Williams. Plaintiff
11 is advised that his failure to comply with the Court's order will result in a recommendation that
12 Defendant Williams be dismissed from this action pursuant to Rule 4(m).
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IT IS SO ORDERED.
Dated:

May 20, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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