Jackson v. Sullivan et al

Filing 17

ORDER DIRECTING PLAINTIFF TO PROVIDE INFORMATION NECESSARY TO SERVE DEFENDANT V. KELLY. Signed by Judge Claudia Wilken on 5/25/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 5/25/2012)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4

JONATHON JACKSON,
Plaintiff,

5

ORDER DIRECTING PLAINTIFF TO
PROVIDE INFORMATION NECESSARY
TO SERVE DEFENDANT V. KELLY

v.

6
7

No. C 09-1785 CW (PR)

B. SULLIVAN, et al.,
Defendants.

8

/

9
Plaintiff, a state prisoner, filed the present pro se prisoner

United States District Court
For the Northern District of California

10
11
12
13

complaint under 42 U.S.C. § 1983.

Service and mailed a Notice of Lawsuit, a Request for Waiver of
Service of Summons as well as the complaint to each Defendant.
On April 20, 2012, the Litigation Coordinator at San Quentin

14
15
16
17

State Prison informed the Court that Defendant V. Kelly has retired
and the Litigation Coordinator cannot accept service on his behalf.
Docket no. 16.
As Plaintiff is proceeding in forma pauperis (IFP), he is

18
19
20
21

responsible for providing the Court with current addresses for all
Defendants so that service can be accomplished.

24
25
26
27
28

See Walker v.

Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994).
Pursuant to Fed. R. Civ. P. 4(m), if a complaint is not served

22
23

The Court issued an Order of

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
IFP must "attempt to remedy any apparent defects of which [he] has
knowledge."
//

Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987).

1

Accordingly, IT IS HEREBY ORDERED THAT, no later than thirty

2

days from the date of this Order, Plaintiff must provide the Court

3

with a current address for Defendant Kelly.

4

all claims against Defendant Kelly will be dismissed without

5

prejudice.

6

second attempt at serving Kelly will be made.

7

fails, all claims against Defendant Kelly will be dismissed without

8

prejudice.

9

If he fails to do so,

If Plaintiff does provide the requisite information, a
If that attempt

IT IS SO ORDERED.

United States District Court
For the Northern District of California

10
Dated: 5/25/2012
11

CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2