Rosenbalm v. Foulk

Filing 39

ORDER DIRECTING PLAINTIFF TO EFFECTUATE PROPER SERVICE. Signed by Judge Richard Seeborg on 10/11/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 10/11/2011)

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*E-Filed 10/11/11*

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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VINCENT LEE ROSENBALM,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C 10-0071 RS (PR)
ORDER DIRECTING PLAINTIFF TO
EFFECTUATE PROPER SERVICE

v.
EDWARD FOULK,
Defendant.
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This is a civil rights action filed by a pro se former state prisoner pursuant to 42
U.S.C. § 1983. Plaintiff alleges claims against a single defendant, Edward Foulk, formerly
the Executive Director at Napa State Hospital. The complaint remains unserved. Plaintiff’s
last attempt to serve the complaint was insufficient as he attempted to serve the complaint
himself. Only persons who are not parties to the action, and who are over the age of 18, are
allowed to serve process. Fed. R. Civ. Proc. (“FRCP”) 4(c).
Plaintiff must effectuate proper service of the summons and the complaint on
defendant within 30 days from the date this order is filed, or the action will be
dismissed, without further notice to plaintiff, for failure to prosecute under FRCP 41.
If service has been properly effectuated, plaintiff shall file with this Court within 30 days of
this order an affidavit attesting that service has been effected in compliance with FRCP 4.
See FRCP 4(l).
IT IS SO ORDERED.
DATED: October 11, 2011
RICHARD SEEBORG
United States District Judge

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No. C 10-0071 RS (PR)
ORDER RE: SERVICE OF COMPLAINT