Baker v. Yates

Filing 66

ORDER Requiring Plaintiff to Serve Defendant within Sixty (60) Days, signed by Magistrate Judge Stanley A. Boone on 11/1/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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HARVEY CURTIS BAKER,

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Case No. 1:12-cv-00126-LJO-SAB

Plaintiff,

ORDER REQUIRING PLAINTIFF TO
SERVE DEFENDANT WITHIN SIXTY (60)
DAYS

v.

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JAMES A. YATES, et al.,

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Defendants.

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Plaintiff Harvey Curtis Baker (“Plaintiff”) is a state prisoner proceeding pro se in this

18 civil rights action pursuant to 42 U.S.C. § 1983. On September 3, 2013, Plaintiff filed a status
19 report regarding his efforts to identify the true identity of Defendant Correctional Officer Jane
20 Doe #1 for purposes of serving her with the complaint in this action.
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Federal Rule of Civil Procedure 4(m) requires a plaintiff to serve the defendant within

22 120 days after the complaint is filed. If service is not made within 120 days, the Court must
23 dismiss the action or order service be made within a specified time. In light of Plaintiff’s
24 reported efforts, the Court will grant Plaintiff an additional sixty (60) days to identify and serve
25 Defendant Correctional Officer Jane Doe #1. If Plaintiff is unable to do so, the Court will
26 dismiss this action without prejudice pursuant to Rule 4(m).
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Based upon the foregoing, it is HEREBY ORDERED that Plaintiff shall identify and

28 serve Defendant Correctional Officer Jane Doe #1 within sixty (60) days of the date of service of

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1 this order. Plaintiff is forewarned that the failure to timely serve defendant may result in the
2 dismissal of this action without prejudice.
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IT IS SO ORDERED.

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Dated:

November 1, 2013

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UNITED STATES MAGISTRATE JUDGE

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