Jones v. Washington et al

Filing 69

ORDER DIRECTING PLAINTIFF TO PROVIDE CURRENT ADDRESS NECESSARY TO LOCATE DEFENDANT E. RAMIREZ. Signed by Judge Claudia Wilken on 4/19/2011. (ndr, COURT STAFF) (Filed on 4/19/2011)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11
12
13
14
15

No. C 09-03003 CW (PR)

MALIK JONES,

ORDER DIRECTING PLAINTIFF TO
PROVIDE CURRENT ADDRESS
NECESSARY TO LOCATE DEFENDANT
E. RAMIREZ

Plaintiff,
v.
L. WASHINGTON, et al.,
Defendants.

/

16
17

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

18

complaint under 42 U.S.C. § 1983.

19

issued an "Order Reviewing Second Amended Complaint; Dismissing All

20

Claims Against Defendant P. Brown; Requiring Service on Defendants

21

E. Ramirez and B. Brown; Addressing Plaintiff's Motion; and

22

Allowing Further Briefing on Defendants' Motion to Dismiss."

23

On March 31, 2011, the Court

Service has been ineffective on Defendant E. Ramirez.

The

24

Court has been informed that the Litigation Staff Service Analyst

25

at Salinas Valley State Prison (SVSP) has been unable to locate

26

Defendant Ramirez because "personnel records for the institution do

27

not reflect employment of a person by this name."

28

Letter from SVSP Litigation Staff Service Analyst A. Esparza at 1.)

(Apr. 7, 2011

1

Because Plaintiff is proceeding in forma pauperis (IFP), he is

2

responsible for providing the Court with current addresses for all

3

Defendants so that service can be accomplished.

4

Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994); Sellers v. United

5

States, 902 F.2d 598, 603 (7th Cir. 1990).

6

See Walker v.

Pursuant to Fed. R. Civ. P. 4(m), if a complaint is not served

7

within 120 days from the filing of the complaint, it may be

8

dismissed without prejudice for failure of service.

9

of a problem accomplishing service, a pro se litigant proceeding

When advised

United States District Court
For the Northern District of California

10

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

11

knowledge."

12

If the marshal is unable to effectuate service through no fault of

13

his own, e.g., because the plaintiff failed to provide sufficient

14

information or because the defendant is not where the plaintiff

15

claims, and the plaintiff is informed, the plaintiff must seek to

16

remedy the situation or face dismissal.

17

1421-22 (prisoner failed to show cause why claims against prison

18

official should not be dismissed under Rule 4(m)because prisoner

19

did not prove that he provided marshal with sufficient information

20

to serve official or that he requested that official be served);

21

see also Del Raine v. Williford, 32 F.3d 1024, 1029-31 (7th Cir.

22

1994) (prisoner failed to show good cause for failing to effect

23

timely service on defendant because plaintiff did not provide

24

marshal with copy of amended complaint until after more than 120

25

days after it was filed).

26
27
28

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

See Walker, 14 F.3d at

Service on Defendant Ramirez has been attempted and has
failed.
2

1

IT IS HEREBY ORDERED THAT within thirty (30) days of the date

2

of this Order, Plaintiff must provide the Court with a current

3

address, necessary to locate Defendant Ramirez.

4

shall result in the dismissal of all claims against Defendant

5

Ramirez.

6

service shall again be attempted.

7

all claims against Defendant Ramirez shall be dismissed.

8
9

If Plaintiff provides the Court with a current address,
If service fails a second time,

IT IS SO ORDERED.
Dated: 4/19/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Failure to do so

3

1

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

2
3
MALIK JONES,

Case Number: CV09-03003 CW

4
Plaintiff,

CERTIFICATE OF SERVICE

5
v.
6
L. WASHINGTON et al,
7
Defendant.
8
9
United States District Court
For the Northern District of California

10
11
12

/

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 April 19, 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.

13
14
15
16
17
18

Malik Jones K-09065
FC-0-3-116
P.O. Box 1050
Soledad, CA 93960
Dated: April 19, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

19
20
21
22
23
24
25
26
27
28

4