Turner v. Salinas

Filing 65

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/7/2011 ORDERING that w/in 21 days, pltf shall show cause why dft Vertinelli should not be dismissed. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Plaintiff,
vs.
WARDEN SALINAS, et al.,
Defendants.

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No. 2: 10-cv-1848 MCE KJN P

ORDER TO SHOW CAUSE
/

Plaintiff is a state prisoner proceeding without counsel with a civil rights action

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pursuant to 42 U.S.C. § 1983. On September 22, 2010, the court ordered the United States

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Marshal to serve the complaint on defendants. Process directed to defendant Vertinelli was

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returned unserved because he was not employed at the prison listed on the USM 285 form.

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Service was also ineffective because defendant Vertinelli’s name was not contained on the

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California Department of Corrections and Rehabilitation Locator (“CDCRL”) list. Accordingly,

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on February 23, 2011, the court granted plaintiff sixty days to provide additional information to

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serve this defendant.

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On April 27, 2011, plaintiff submitted the forms necessary to serve defendant

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Vertinelli. On May 12, 2011, the court ordered the United States Marshal to serve this

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defendant. On May 25, 2011, process directed to defendant Vertinelli was again returned
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unserved.

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The address provided by plaintiff for defendant Vertinelli on April 27, 2011 is the

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same address that plaintiff originally provided. Under these circumstances, it appears that

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service of defendant Vertinelli cannot be effected.

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date

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of this order, plaintiff shall show cause why defendant Vertinelli should not be dismissed.

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DATED: June 7, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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tur1848.osc

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