Schrubb v. Lopez et al
Filing
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ORDER DENYING MOTION TO DIRECT WARDEN; EXTENDING TIME FOR PLAINTIFF TO SERVE DEFENDANTS OR PROVIDE COURT WITH LOCATION INFORMATION FOR UNSERVED DEFENDANTS. Signed by Judge Jeffrey S. White on 6/19/12. (jjoS, COURT STAFF) (Filed on 6/19/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN R. SCHRUBB,
Plaintiff,
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vs.
A.S. LOPEZ; M. BRYANT,
Defendants.
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No. C 12-0418 JSW (PR)
ORDER DENYING MOTION TO
DIRECT WARDEN; EXTENDING
TIME FOR PLAINTIFF TO SERVE
DEFENDANTS OR PROVIDE COURT
WITH LOCATION INFORMATION
FOR UNSERVED DEFENDANTS
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Plaintiff, an California prisoner, filed a pro se civil rights complaint under 42
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U.S.C. 1983 against two officials of Pelican Bay State Prison (“PBSP”). Because the
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Marshal could not serve Defendants at PBSP, where Plaintiff had indicated that they were
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located, Plaintiff was directed to either effect service on Defendants himself or submit to
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the Court sufficient information to identify and locate them such that the Marshal is able
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to effect service upon them. Plaintiff was cautioned that if he did not do so on or before
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May 26, 2012, this case would be dismissed without prejudice pursuant to Rule 4(m) of
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the Federal Rules of Civil Procedure.
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Plaintiff has filed a motion for the Court to order the Warden of PBSP to provide
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the Court with the location of the Defendants. The Warden cannot be ordered to do so
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because he or she is not a party to this lawsuit. Consequently, Plaintiff’s motion (docket
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number 11) is DENIED. Plaintiff will be granted an extension of time, however, to and
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including August 1, 2012, in which to either serve Defendants himself or provide the
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Court with their current location. Plaintiff has indicated that he has requested this
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information from the PBSP Warden, but he has received no response. PBSP officials,
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including the Warden and the Litigation Coordinator, may not prevent Plaintiff from
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obtaining this information, and to the extent reasonably practicable they may assist him in
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obtaining it.
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Plaintiff is cautioned that if he fails to comply with this order, or to show cause
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why he cannot, this case will be dismissed without prejudice pursuant to Rule 4(m) of the
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Federal Rules of Civil Procedure.
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IT IS SO ORDERED.
DATED: June 19, 2012
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JEFFREY S. WHITE
United States District Judge
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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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KEVIN R. SCHRUBB,
Case Number: CV12-00418 JSW
Plaintiff,
CERTIFICATE OF SERVICE
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v.
A.S. LOPEZ et al,
Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 19, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Kevin R. Schrubb V-55932
Salinas Valley State Prison
P.O. Box 1050
Soledad, CA 93960-1050
Dated: June 19, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
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