Hopkins v. California Department of Corrections and Rehabilitations et al

Filing 45

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/2013 ORDERING that the Clerk shall mail plaintiff a form USM-285. Within 30 days from the date this order is served, plaintiff must submit the attached Notice of Submission of Documents with the completed form USM-285 providing new instructions for service of process upon defendant Abraham. Plaintiff's 41 , 42 "motion for production of documents" and for "judicial intervention" are DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KESHAWN HOPKINS,

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No. 2:12-cv-0896-TLN-EFB P

Plaintiff,
v.

ORDER

CDCR, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On August 15, 2013, the court informed plaintiff that he needed to submit new

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information about where defendant Abraham could be served. ECF No. 39. In response, plaintiff

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submitted an address to the court. ECF No. 44. Court records reflect that the United States

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Marshal already attempted, unsuccessfully, to serve Abraham at the address provided by plaintiff.

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See ECF No. 37. The court will not direct the Marshal to re-attempt service at a location known

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to be incorrect.

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Plaintiff also requested intervention from the court to help him locate new information for

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service of process on Abraham, claiming that defendants Naseer and Abraham did not respond to

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his June 2013 discovery requests. See ECF No. 41, 42. The discovery and scheduling order in

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this action was not issued until August 16, 2013. ECF No. 40. Therefore, any discovery requests

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served by plaintiff in June would have been premature. Now that discovery has commenced,
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plaintiff may request information pertaining to Abraham’s whereabouts from Naseer. In addition,

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the court notes that there is no reason to expect defendant Abraham to respond to plaintiff’s

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discovery requests, given that he has not yet appeared in this action and his whereabouts appear to

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be unknown.

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Accordingly, plaintiff must provide new information about how to locate defendant

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Abraham for service of process. Plaintiff must proceed with haste because Fed. R. Civ. P. 4(m)

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requires that an action be dismissed as to a defendant not served within 120 days after filing the

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complaint unless the time is enlarged based upon a demonstration of good cause. If plaintiff’s

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access to the required information is denied or unreasonably delayed, plaintiff may seek judicial

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intervention.

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Accordingly, it is HEREBY ORDERED that:

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1. The Clerk of the Court shall mail plaintiff a form USM-285.

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2. Within 30 days from the date this order is served, plaintiff must submit the attached

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Notice of Submission of Documents with the completed form USM-285 providing new

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instructions for service of process upon defendant Abraham. Failure to comply with this order

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within the time allowed or to show good cause for such failure will result in a recommendation

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that defendant Abraham be dismissed from this action pursuant to Rule 4(m).

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3. Plaintiff’s “motion for production of documents” and for “judicial intervention” (ECF

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Nos. 41, 42), are denied.

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Dated: September 10, 2013.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KESHAWN HOPKINS,

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No. 2:12-cv-0896-TLN-EFB P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

CDCR, et al.,

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Defendants.

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Plaintiff hereby submits the following documents in compliance with the court’s order
filed ________________:

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completed USM-285 form

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DATED:

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________________________
Plaintiff

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