Jackson v. Pletcher et al

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/11 ORDERING the Plaintiff to SHOW CAUSE within 14 days of the date of this order, why defendant Long should not be dismissed. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND D. JACKSON,

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Plaintiff,

No. 2: 11-cv-1157 JAM KJN P

vs.
STEVEN FLETCHER, et al.,

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Defendants.

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

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pursuant to 42 U.S.C. § 1983. Service as to defendant Al-Mufti was returned unserved because

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“contract employee, CDCR no longer accepting service for contract employees.” On August 15,

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2011, the undersigned ordered the Office of the Attorney General to assist the U.S. Marshal in

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locating the address for defendant Al-Mufti because service was unexecuted because he is a

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contract employee.

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Service as to defendants Long and Hall was returned unserved because they were

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“not a CMF employee.” In the August 15, 2011 order, the undersigned directed the Office of the

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Attorney General to assist the U.S. Marshal in locating addresses for these defendants if it was

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determined that service was returned unexecuted as to them because they were contract

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employees.
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On August 19, 2011, the Office of the Attorney General informed the court that

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they had provided the U.S. Marshal with an address for service of defendants Al-Mufti and Hall.

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With respect to defendant Long, the Office of the Attorney General informed the court that there

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was no regular or contract employee by this name, even after cross-referencing plaintiff’s CDCR

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number with the name “Long.” As a result, the Office of the Attorney General was unable to

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provide additional information for service of this defendant.

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On August 17, 2011, plaintiff filed a notice of voluntary dismissal of defendant

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Al-Mufti. Accordingly, no further attempts of service as to this defendant will be ordered. The

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court has been informed that the U.S. Marshal will attempt service of defendant Hall at the

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address provided by the Office of the Attorney General.

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Because service of defendant Long cannot be executed, for the reasons discussed

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above, plaintiff is ordered to show cause within fourteen days why defendant Long should not be

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dismissed.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of

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

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DATED: September 1, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jack1157.ord

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