Madsen v. Risenhoover et al

Filing 33

ORDER re 31 Letter. Signed by Judge ARMSTRONG on 6/13/11. (lrc, COURT STAFF) (Filed on 6/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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NOTICE REGARDING INABILITY TO
SERVE DEFENDANT WAHIDULAH

Plaintiff,

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No. C 09-05457 SBA (PR)

RICK MADSEN,

v.
SUE E. RISENHOOVER, et al.,
Defendants.

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United States District Court
For the Northern District of California

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Service has been ineffective on Defendant W. Wahidulah. The Court has been informed that
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the Litigation Coordinator at Pelican Bay State Prison was "unable to locate this person for service."
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(Apr. 8, 2011 Letter from Litigation Coordinator Celeste Schiffner at 1.)
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While Plaintiff may rely on service by the United States Marshal, "a plaintiff may not remain
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silent and do nothing to effectuate such service. At a minimum, a plaintiff should request service
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upon the appropriate defendant and attempt to remedy any apparent defects of which [he] has
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knowledge." Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). If the marshal is unable to
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effectuate service and the plaintiff is so informed, the plaintiff must seek to remedy the situation or
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face dismissal of the claims regarding that defendant under Federal Rule of Civil Procedure 4(m).
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See Fed. R. Civ. P. 4(m) (providing that if service of the summons and complaint is not made upon a
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defendant in 120 days after the filing of the complaint, the action must be dismissed without
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prejudice as to that defendant absent a showing of "good cause"); see also Walker v. Sumner, 14
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F.3d 1415, 1421-22 (9th Cir. 1994) (prisoner failed to show cause why prison official should not be
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dismissed under Rule 4(m) because prisoner did not prove that he provided marshal with sufficient
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information to serve official).
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No later than thirty (30) days from the date of this Order, Plaintiff must provide the Court
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with a current address for Defendant Wahidulah. Plaintiff should review the federal discovery rules,
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Rules 26-37 of the Federal Rules of Civil Procedure, for guidance about how to determine the
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current address of this Defendant.
If Plaintiff fails to provide the Court with the current address of Defendant Wahidulah

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within the thirty-day deadline, all claims against this Defendant will be dismissed without

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prejudice under Rule 4(m).

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IT IS SO ORDERED.

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DATED:

6/13/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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United States District Court
For the Northern District of California

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G:\PRO-SE\SBA\CR.09\Madsen5457.Locate-Wahidulah.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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RICK MADSEN,
Case Number: CV09-05457 SBA

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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SUE E. RISENHOOVER et al,
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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 June 15, 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.

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Rick Madsen E10400
Pelican Bay State Prison
5905 Lake Earl Drive
Crescent City, CA 95531

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Dated: June 15, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\CR.09\Madsen5457.Locate-Wahidulah.wpd

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