Castaneda v. CDCR et al

Filing 24

ORDER requiring Plaintiff to provide additional information for service of process on Defendant, A. Acevedo, Correctional Counselor I within 21-Days signed by Magistrate Judge Sheila K. Oberto on 4/25/2018. (Lundstrom, T)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

JESUS BONILLA CASTANEDA,
Plaintiff,

10
11
12
13

v.
SHERMAN, et al.,
Defendants.

Case No. 1:16-cv-01562-LJO-SKO (PC)
ORDER REQUIRING PLAINTIFF TO PROVIDE
ADDITIONAL INFORMATION FOR SERVICE
OF PROCESS ON DEFENDANT A. ACEVEDO,
CORRECTIONAL COUNSELOR I
21-DAY DEADLINE

14
15
16
17

Recently, the United States Marshals Service attempted service on Defendant A. Acevedo,
CCI. However, after multiple checks, the California Department of Corrections and
Rehabilitation, Kern Valley State Prison, and North Kern State Prison all confirm that no one by

18

that name worked, or currently works within those facilities. (Doc. 23.) Thus, the Marshals’

19

Service is unable to locate Defendant A. Acevedo for service of process in this action.

20

Thus, Plaintiff is being given opportunity to provide all additional information that he

21

believes might assist in identifying and/or locating A. Acevedo. The First Amended Complaint

22

(Doc. 13) indicates that four days after Plaintiff arrived at KVSP, he went before A. Acevedo in

23

preparation for an upcoming parole hearing and that A. Acevedo was on the January 14, 2016

24

“Classification Committee” who evaluated Plaintiff for placement. If Plaintiff has any paperwork

25

from either of these events (or any other events) with information identifying A. Acevedo, he

26

should submit copies of them with his response to this order. Plaintiff should also provide

27

information such as the place, date, and time that he saw A. Acevedo and all identifying attributes

28

that he can recall about Acevedo such as gender, hair color, height, weight, and the like.
1

1

Accordingly, within 21 days from the date of this order, the Court ORDERS Plaintiff to

2

provide additional information to identify Defendant A. Acevedo, CCI so that service may be

3

accomplished. Plaintiff is informed that his failure to comply with this order will result in a

4

recommendation that the matter be dismissed as to Defendant A. Acevedo pursuant to Rule

5

4(m).

6
7
8
9

IT IS SO ORDERED.
Dated:

April 25, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.