Pinholster v. Wong et al

Filing 22

ORDER by Judge ARMSTRONG denying 19 Motion (lrc, COURT STAFF) (Filed on 5/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,

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No. C 09-01744 SBA (PR)

SCOTT PINHOLSTER,

v.
R. S. WONG, et al.,
Defendants.

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ORDER DENYING PLAINTIFF'S
MOTION FOR COURT ORDER
DIRECTING DISCLOSURE OF
DEFENDANTS WONG, DACANAY,
GRUNDY AND COLEMANS' CURRENT
ADDRESSES TO U.S. MARSHAL AND
GRANTING EXTENSION OF TIME TO
PROVIDE THOSE ADDRESSES

United States District Court
For the Northern District of California

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Plaintiff filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Service has
been ineffective as to multiple Defendants previously employed by but now retired from San
Quentin State Prison (SQSP).
In an Order dated March 13, 2012, the Court notified Plaintiff that the U.S. Marshal had been
unable to effectuate service upon former SQSP Warden R. S. Wong; former SQSP Associate
Warden D. A. Dacanay; former SQSP Facility Captain B. Grundy; and former SQSP Lieutenant D.
Coleman because those Defendants had retired from State Service. The Court ordered Plaintiff to
provide the Court with current addresses for Defendants Wong, Dacanay, Grundy and Coleman.
The Court also informed Plaintiff that the failure to provide current addresses for these Defendants
could result in the dismissal of all claims against them.
Plaintiff has been unable to locate current addresses for these Defendants. Before the Court
is "Plaintiff's Ex Parte Notice Of Request For Court Order Of The Addresses To Be Disclosed To
The United States [Marshal]" (docket no. 19). Plaintiff asks the Court to issue an Order requiring
the California Department of Corrections and Rehabilitation (CDCR), the SQSP Litigation
Coordinator, and/or the Attorney General's Office to disclose Defendants' current addresses to the
United States Marshal.
Pursuant to Rule 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

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accomplishing service, a pro se litigant must "attempt to remedy any apparent defects of which [he]

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has knowledge." Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). Plaintiff provides no

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documents or other evidence showing that he has attempted to obtain the Defendants' current

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addresses from the CDCR, the Litigation Coordinator at SQSP or the Attorney General's Office. He

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provides no documents or other evidence showing that these agencies maintain or are otherwise able

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to access current addresses for these Defendants. Moreover, he provides no legal authority for the

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proposition that the Court may order these agencies to provide addresses of individuals who have

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retired from State Service to the United States Marshal. For all of these reasons, the Court DENIES

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Plaintiff's motion.

United States District Court
For the Northern District of California

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Plaintiff has, however, shown good cause for an extension of time in which to provide the

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above-referenced Defendants' addresses. No later than thirty (30) days from the date of this Order,

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Plaintiff must provide the Court with current addresses for Defendants Wong, Dacanay, Grundy and

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Coleman. Plaintiff should review the federal discovery rules, Rules 26-37 of the Federal Rules of

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Civil Procedure, for guidance about how to determine the current addresses of these Defendants.

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If Plaintiff fails to provide the Court with the current addresses of Defendants Wong,

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Dacanay, Grundy and Coleman within the thirty-day deadline, all claims against these

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Defendants will be dismissed without prejudice under Rule 4(m).

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This Order terminates Docket no. 19.

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IT IS SO ORDERED.

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DATED: 5/4/12
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\CR.09\Pinholster1744.deny4m&granteot.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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SCOTT PINHOLSTER,

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Plaintiff,

Case Number: CV09-01744 SBA
CERTIFICATE OF SERVICE
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v.
R S WONG et al,
Defendant.

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United States District Court
For the Northern District of California

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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 May 7, 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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Scott Pinholster #C87601
San Quentin State Prison
San Quentin, CA 94974

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Dated: May 7, 2012

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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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G:\PRO-SE\SBA\CR.09\Pinholster1744.deny4m&granteot.wpd

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