Villegas v. Swarthout et al

Filing 21

ORDER signed by Magistrate Judge Craig M. Kellison on 11/15/16 ORDERING that plaintiff shall promptly seek additional information sufficient to effect service on any unserved defendants and notify the court once such information is ascertained.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE LEON VILLEGAS,

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No. 2:13-cv-0168-CMK-P

Plaintiff,
vs.

ORDER

GARY SWARTHOUT, et al.,
Defendants.
/
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. On June 8, 2016, the court ordered the United States Marshal to serve the

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complaint on defendants. Process directed to defendant Peterson was returned unexecuted

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because defendant is retired. Plaintiff must provide additional information to serve this

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defendant. Plaintiff shall promptly seek such information through discovery, the California

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Public Records Act, Cal. Gov't. Code § 6250, et seq., or other means available to plaintiff. If

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

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intervention. Once additional information sufficient to effect service is obtained, plaintiff shall

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notify the court whereupon plaintiff will be forwarded the forms necessary for service by the U.S.

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Marshal. Plaintiff is cautioned that failure to effect service may result in the dismissal of
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unserved defendants. See Fed. R. Civ. P. 4(m).
Accordingly, IT IS HEREBY ORDERED that plaintiff shall promptly seek

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additional information sufficient to effect service on any unserved defendants and notify the court

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once such information is ascertained.

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DATED: November 15, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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