Banks, Sr. v. Regents of the University of California, et al.

Filing 38

ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/15 granting 29 Motion for judicial intervention. Plaintiff is granted 21 days from the date of this order to show cause why defendant Rashid should not be dismissed because service of this defendant cannot be effected. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

YUJUAN L. BANKS, SR.,

12

Plaintiff,

13
14

v.

No. 2: 14-cv-0460 TLN KJN P

ORDER

U.C. REGENTS, et al.,

15

Defendants.

16
17

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

18

to 42 U.S.C. § 1983. On June 10, 2014, the court ordered the U.S. Marshal to serve the complaint

19

on defendants. Process directed to defendants Rashid, Stuber and Modjtahedi was returned

20

unserved because they were not at the address given. Accordingly, on July 23, 2014, the court

21

granted plaintiff sixty days to provide the court with additional information to serve these

22

defendants.

23

On October 20, 2014, plaintiff filed a motion for judicial intervention. In this motion,

24

plaintiff alleges that despite diligent efforts, he was unable to obtain additional information to

25

serve defendants Rashid, Stuber and Modjtahedi. Plaintiff requests court assistance in locating

26

these defendants.

27
28

The court has located information regarding the location of defendants Stuber and
Modjtahedi and will direct the U.S. Marshal to serve these defendants. However, the court is
1

1

unable to locate information regarding the location of defendant Rashid. Accordingly, plaintiff is

2

ordered to show cause why defendant Rashid should not be dismissed because service of this

3

defendant cannot be effected.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1. Plaintiff’s motion for judicial intervention is granted (ECF No. 29); and

6

2. Plaintiff is granted twenty-one days from the date of this order to show cause why

7

defendant Rashid should not be dismissed because service of this defendant cannot be effected.

8

Dated: January 8, 2015

9
10

Bank460.ord

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2