Davis v. Muniz et al

Filing 11

ORDER DIRECTING UNITED STATES MARSHAL TO IMMEDIATELY SERVE UNSERVED DEFENDANT OR SHOW CAUSE WHY SERVICE HAS NOT BEEN ACCOMPLISHED. The Clerk shall send a copy of this order to the Marshal forthwith. Signed by Judge William H. Orrick on 03/13/2018. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 3/13/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVION DAVIS,
Plaintiff,

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Case No. 17-cv-03474-WHO (PR)

v.
GUDINO,
Defendant.

ORDER DIRECTING UNITED
STATES MARSHAL TO
IMMEDIATELY SERVE UNSERVED
DEFENDANT OR SHOW CAUSE
WHY SERVICE HAS NOT BEEN
ACCOMPLISHED

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United States District Court
Northern District of California

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The United States Marshal is directed to immediately serve the unserved defendant
(Gudino), or he shall return the summons to the Clerk with an explanation why defendant
has not been served.
Plaintiff filed this pro se civil rights action under 42 U.S.C. § 1983 against his
jailors at Salinas Valley State Prison. I ordered service of the complaint on defendant
Gudino on August 25, 2017, the Clerk issued a summons on August 28, and the Marshal
acknowledged receipt of the summons on September 14. (Dkt. Nos. 7, 7-1, 7-2, 8, and 9.)
However, the Marshal has not yet effectuated service, returned the summons
executed or unexecuted, informed the Court why the summons has not been executed, or
otherwise indicated the status of his service efforts. The Clerk has repeatedly contacted
the Marshal regarding service, but to no avail.
The Clerk shall send a copy of this order to the Marshal forthwith.
IT IS SO ORDERED.
Dated: March 13, 2018
_________________________
WILLIAM H. ORRICK
United States District Judge