Haskins v. Ayers

Filing 47

ORDER DIRECTING PLAINTIFF TO PROVIDE CURRENT ADDRESS NECESSARY TO LOCATE DEFENDANT CAPOZOLI, M.D. Signed by Judge Claudia Wilken on 3/1/2011. (ndr, COURT STAFF) (Filed on 3/1/2011)

Haskins v. Ayers

Doc. 47

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LEONARD A. HASKINS, Plaintiff, No. C 08-02226 CW (PR) ORDER DIRECTING PLAINTIFF TO PROVIDE CURRENT ADDRESS NECESSARY TO LOCATE DEFENDANT CAPOZOLI, M.D.

ROBERT AYERS, JR., et al., Defendants.

/

Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Service. Service has been ineffective on Defendant Capozoli, M.D. Court has been informed that Eric Messick, the litigation coordinator at San Quentin State Prison (SQSP), has been unable to locate Defendant Capozoli because he is "no longer employed by [SQSP] at this time." 1.) (Jan. 12, 2010 Letter from Eric Messick at The The Court issued an Order of

Mr. Messick further states that there was no information

available on the "Medical Board of California License Lookup System" relating to Defendant Capozoli's last known address. Because Plaintiff is proceeding in forma pauperis (IFP), he is responsible for providing the Court with current addresses for all Defendants so that service can be accomplished. See Walker v.

Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994); Sellers v. United States, 902 F.2d 598, 603 (7th Cir. 1990). Pursuant to Fed. R. Civ. P. 4(m), if a complaint is not served within 120 days from the filing of the complaint, it may be dismissed without prejudice for failure of service. When advised

of a problem accomplishing service, a pro se litigant proceeding

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IFP must "attempt to remedy any apparent defects of which [he] has knowledge." Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987).

If the marshal is unable to effectuate service through no fault of his own, e.g., because the plaintiff failed to provide sufficient information or because the defendant is not where the plaintiff claims, and the plaintiff is informed, the plaintiff must seek to remedy the situation or face dismissal. See Walker, 14 F.3d at

1421-22 (prisoner failed to show cause why claims against prison official should not be dismissed under Rule 4(m) because prisoner did not prove that he provided marshal with sufficient information to serve official or that he requested that official be served); see also Del Raine v. Williford, 32 F.3d 1024, 1029-31 (7th Cir. 1994) (prisoner failed to show good cause for failing to effect timely service on defendant because plaintiff did not provide marshal with copy of amended complaint until after more than 120 days after it was filed). Service on Defendant Capozoli has been attempted and has failed. IT IS HEREBY ORDERED THAT within fourteen (14) days of the date of this Order, Plaintiff must provide the Court with a current address, necessary to locate Defendant Capozoli. Failure to do so

shall result in the dismissal of all claims against Defendant Capozoli. If Plaintiff provides the Court with a current address, If service fails a second time,

service shall again be attempted.

all claims against Defendant Capozoli shall be dismissed. IT IS SO ORDERED. Dated: 3/1/2011 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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1 2 3 LEONARD A HASKINS, 4 Plaintiff, 5 v. 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-02226 CW CERTIFICATE OF SERVICE ROBERT AYERS JR et al,

7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Leonard A. Haskins 800 Main St., Apt. #207 Redwood City, CA 94063 Dated: March 1, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk /

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 March 1, 2011, 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.