Rodriguez v. Aguirre

Filing 14

ORDER RE: INSTRUCTIONS TO PLAINTIFF; INSTRUCTIONS TO CLERK. Signed by Judge Richard Seeborg on 11/23/11. (cl, COURT STAFF) (Filed on 11/23/2011) (Additional attachment(s) added on 11/23/2011: # 1 Appendix Certificate of Service) (cl, COURT STAFF).

1
2
3
4

*E-Filed 11/23/11*

5
6
7

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN FRANCISCO DIVISION

11
12

DANIEL RODRIGUEZ,
Plaintiff,

13
14

No. C 10-4036 RS (PR)
ORDER RE: INSTRUCTIONS TO
PLAINTIFF

v.
INSTRUCTIONS TO CLERK

15 J. AGUIRRE, et al.,
16

Defendants.
/

17
18

This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se former state

19

prisoner. The complaint remains unserved because, as defendants’ attorney has stated, “there

20

is no Deputy J. Aguirre or even a Deputy Aguirre working at the San Francisco Sheriff’s

21

Department, nor is there a Sheriff’s Deputy with Star #100.” The other defendants remain

22

unserved because plaintiff has not provided their names to the Court.

23

Plaintiff must effectuate proper service of the summons and the complaint on

24

defendants within 30 days from the date this order is filed, or the action will be

25

dismissed, without further notice to plaintiff, for failure to prosecute under Federal

26

Rule of Civil Procedure (“FRCP”) 41. Plaintiff was out of custody when this action was

27

filed. Accordingly, he, not the federal marshals, must effect summons. Plaintiff must locate

28

No. C 10-4036 RS (PR)
ORDER RE: SERVICE OF COMPLAINT

1

and serve defendants with the summons and a copy of the complaint. The Clerk shall mail

2

plaintiff four summons forms. Once plaintiff has received these forms, he shall then fill in

3

the appropriate names and addresses on the form and effect service of the complaint on

4

defendants with the summons form. If service has been properly effected, plaintiff shall file

5

with this Court within 30 days of this order an affidavit attesting that service has been

6

effected in compliance with FRCP 4. See FRCP 4(l). Failure to provide the Court with this

7

information within 30 days from the date this order is filed will result in dismissal of the

8

action for failure to prosecute and without further notice to plaintiff. The Court reminds

9

plaintiff that “[o]nly persons who are not parties to the action, and who are over the age of

United States District Court
For the Northern District of California

10

18, are allowed to serve process.” FRCP 4(c).

11

IT IS SO ORDERED.

12

DATED: November 23, 2011
RICHARD SEEBORG
United States District Judge

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

No. C 10-4036 RS (PR)
ORDER RE: SERVICE OF COMPLAINT