Maxwell v. Mitchell et al

Filing 43

ORDER signed by Magistrate Judge Dennis M. Cota on 05/23/19 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. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANTHONY PAUL MAXWELL,

12
13
14

No. 2:15-CV-0015-JAM-DMC-P

Plaintiff,
v.

ORDER

RYON MITCHELL, et al.,

15

Defendants.

16
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

17
18

42 U.S.C. § 1983. On December 18, 2018, the court ordered the United States Marshal to serve

19

the complaint on defendants. Process directed to defendants Porter and Trostle was returned

20

unexecuted because they are no longer employed with the Chico Police Department, where

21

process was served, and the department was not willing to accept service on their behalf. See

22

ECF No. 42.

23

Plaintiff must provide additional information to serve this defendant. Plaintiff

24

shall promptly seek such information through discovery, the California Public Records Act, Cal.

25

Gov't. Code § 6250, et seq., or other means available to plaintiff. If access to the required

26

information is denied or unreasonably delayed, plaintiff may seek judicial intervention. Once

27

additional information sufficient to effect service is obtained, plaintiff shall notify the court

28

whereupon plaintiff will be forwarded the forms necessary for service by the U.S. Marshal.
1

1

Plaintiff is cautioned that failure to effect service may result in the dismissal of unserved

2

defendants. See Fed. R. Civ. P. 4(m).

3

Accordingly, IT IS HEREBY ORDERED that plaintiff shall promptly seek

4

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

5

once such information is ascertained.

6
7

Dated: May 23, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2