Washington et al v. Fresno County Sheriff et al

Filing 51

ORDER REQUIRING plaintiff to furnish further information for initiation of service of process, document 50 , to be submitted to the Court within thirty days of service of this Order. Order signed by Magistrate Judge Stanley A. Boone on 12/23/2014. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY WASHINGTON, et al,
Plaintiffs,

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Case No. 1:14-cv-00129-AWI-SAB
ORDER REQUIRING PLAINTIFF TO
FURNISH FURTHER INFORMATION FOR
INITIATION OF SERVICE OF PROCESS

v.
FRESNO COUNTY SHERIFF, et al.,

(ECF No. 50)

Defendants.

THIRTY-DAY DEADLINE

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Plaintiff Perry Washington, proceeding pro se and in forma pauperis, filed this civil rights

18 action pursuant to 42 U.S.C. § 1983 on January 29, 2014. On September 24, 2014, an order was
19 filed adopting findings and recommendations and granting Plaintiff thirty days in which to file an
20 amended complaint or notify the Court that he wanted to proceed only on those claims found to
21 be cognizable in the first amended complaint. On December 22, 2014, Plaintiff filed a notice
22 that he wished to proceed on the claims found to be cognizable in the first amended complaint.
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At this juncture, the court is prepared to issue an order directing the United States

24 Marshal to serve process on this defendant. However, for service to be successful, the Marshal
25 and the Fresno County Sheriff must be able to identify and locate the defendant. Plaintiff has not
26 provided any information to identify the Doe Defendant in his amended complaint. Before the
27 court can issue a service order, plaintiff must provide a full name and current address for the
28 defendant, if known. If plaintiff is unable to provide a full name he must provide alternate

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1 information – such as partial name, title, gender, work assignments, work schedules, etc. –
2 sufficient for the Marshal or the Sheriff’s Department to identify the defendant for service. If
3 plaintiff is unable to provide current addresses for this defendant, he must at least provide last4 known addresses and any other available information to enable the Marshal to locate the
5 defendant. The Court shall also require Plaintiff to provide all inmate grievance forms related to
6 this incident as they may provide information to identify the Doe Defendant.
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Plaintiff is cautioned that service cannot go forward unless he provides enough

8 information to serve the defendant, and unsuccessful service may result in Plaintiff’s complaint
9 being dismissed. Plaintiff shall be granted thirty days in which to respond to this order with
10 information identifying the defendant.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

This action is proceeding against Defendant Doe for deliberate indifference for a

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2014 incident in which Plaintiff’s requests to be moved due to threats from other

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inmates was denied and for retaliation where Plaintiff was subsequently attacked by

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inmates after requesting a grievance form;

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2.

Within thirty days from the date of service of this order, Plaintiff shall send a

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written response to the court, providing the full name and current address of

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Defendant Doe for purposes of service in this action;

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3.

If Plaintiff is unable to provide full name and current address, he must supply

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sufficient alternate information, such as partial name, title, work assignments,

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work schedules, last known address, or other similar information to enable the

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United States Marshal and the Sheriff’s Department to identify and locate the Doe

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Defendant for service of process in this action;

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4.

this incident;

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Plaintiff shall provide all Fresno County Jail inmate grievance forms related to

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Plaintiff’s failure to comply with this order shall result in a recommendation that
this action be dismissed; and

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6.

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Plaintiff’s failure to provide sufficient information for service of Doe Defendant
shall result in the dismissal of this action for failure to serve.

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IT IS SO ORDERED.

5 Dated:

December 23, 2014
UNITED STATES MAGISTRATE JUDGE

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