Hall v. San Joaquin County Jail, et al

Filing 109

ORDER signed by Magistrate Judge Allison Claire on 10/18/16 ordering that defendants Lopez and Nelson are dismissed without prejudice for failure to timely effect service of process and failure to follow court orders. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRELL D. HALL,

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Plaintiff,

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No. 2:13-cv-0324 AC P

v.

ORDER

SAN JOAQUIN COUNTY JAIL, et al.,

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Defendants.

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Plaintiff is a former county and current state prisoner proceeding pro se with a civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned

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magistrate judge for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). ECF No.

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4.
By order filed July 13, 2016, plaintiff was directed to complete and return to the court,

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within thirty days, the USM-285 forms and copies of his complaint which were required to effect

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service on defendants Diaz, Coblen, Lopez, and Nelson. ECF No. 88. If he was unable to

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complete a USM-285 form for any defendant, he was to show cause why that defendant should

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not be dismissed for failure to complete service. Id. Plaintiff returned completed forms for

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defendants Coplin1 and Diaz (ECF No. 89), but did not submit forms for defendants Lopez and

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When ordered to provide additional information on the unserved defendants, counsel stated that
(continued)
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Nelson or show cause why they should not be dismissed. Plaintiff was given an additional thirty

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days to show cause why defendants Lopez and Nelson should not be dismissed. ECF No. 104.

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He was also advised that he could alternatively file a notice of voluntary dismissal of his claims

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against Lopez and Nelson without prejudice if he was no longer seeking to pursue those claims at

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this time. Id. Thirty days have now passed and plaintiff has not responded to the order.

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Accordingly, IT IS HEREBY ORDERED that defendants Lopez and Nelson are

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dismissed without prejudice for failure to timely effect service of process and failure to follow

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court orders. See Fed. R. Civ. P. 4(m); Local Rule 110.

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DATED: October 18, 2016

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the jail was unable to identify a correctional employee by the name of “Coblen,” but had
identified an officer “Coplin.” ECF No. 59. Plaintiff was directed to complete the USM-285
form for officer Coplin if he believed Coplin was the same individual he had made claims against.
ECF No. 88.

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