Schrubb v. Lopez et al

Filing 12

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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 KEVIN R. SCHRUBB, Plaintiff, 12 13 14 15 vs. A.S. LOPEZ; M. BRYANT, Defendants. ) ) ) ) ) ) ) ) ) ) ) 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 16 17 Plaintiff, an California prisoner, filed a pro se civil rights complaint under 42 18 U.S.C. 1983 against two officials of Pelican Bay State Prison (“PBSP”). Because the 19 Marshal could not serve Defendants at PBSP, where Plaintiff had indicated that they were 20 located, Plaintiff was directed to either effect service on Defendants himself or submit to 21 the Court sufficient information to identify and locate them such that the Marshal is able 22 to effect service upon them. Plaintiff was cautioned that if he did not do so on or before 23 May 26, 2012, this case would be dismissed without prejudice pursuant to Rule 4(m) of 24 the Federal Rules of Civil Procedure. 25 Plaintiff has filed a motion for the Court to order the Warden of PBSP to provide 26 the Court with the location of the Defendants. The Warden cannot be ordered to do so 27 because he or she is not a party to this lawsuit. Consequently, Plaintiff’s motion (docket 28 number 11) is DENIED. Plaintiff will be granted an extension of time, however, to and 1 including August 1, 2012, in which to either serve Defendants himself or provide the 2 Court with their current location. Plaintiff has indicated that he has requested this 3 information from the PBSP Warden, but he has received no response. PBSP officials, 4 including the Warden and the Litigation Coordinator, may not prevent Plaintiff from 5 obtaining this information, and to the extent reasonably practicable they may assist him in 6 obtaining it. 7 Plaintiff is cautioned that if he fails to comply with this order, or to show cause 8 why he cannot, this case will be dismissed without prejudice pursuant to Rule 4(m) of the 9 Federal Rules of Civil Procedure. 10 11 IT IS SO ORDERED. DATED: June 19, 2012 12 13 JEFFREY S. WHITE United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 KEVIN R. SCHRUBB, Case Number: CV12-00418 JSW Plaintiff, CERTIFICATE OF SERVICE 7 8 9 10 v. A.S. LOPEZ et al, Defendant. / 11 12 13 14 15 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 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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