Price v. Henry et al

Filing 16

ORDER REGARDING INABILITY TO SERVE DR. HENRY. Signed by Judge ARMSTRONG on 3/2/11. (lrc, COURT STAFF) (Filed on 3/3/2011)

Price v. Henry et al

Doc. 16

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

3 4 5 6 7 8 9 10 United States District Court For the Northern District of California Service has been ineffective on Defendant Dr. Henry. The United States Marshal's Office 11 has informed the Court that service could not be completed on this Defendant. The Court has been 12 informed by Litigation Coordinator P. Nickerson that Defendant Henry is "no longer employed at 13 Salinas Valley State Prison." (Jan. 18, 2011 Letter from Litigation Coordinator P. Nickerson at 1.) 14 Mr. Nickerson added: "An attempt was made to contact Dr. Henry at his last home address via U.S. 15 mail, to this day Dr. Henry has not replied." (Id.) 16 While Plaintiff may rely on service by the United States Marshal, "a plaintiff may not remain 17 silent and do nothing to effectuate such service. At a minimum, a plaintiff should request service 18 upon the appropriate defendant and attempt to remedy any apparent defects of which [he] has 19 knowledge." Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). If the marshal is unable to 20 effectuate service and the plaintiff is so informed, the plaintiff must seek to remedy the situation or 21 face dismissal of the claims regarding that defendant under Federal Rule of Civil Procedure 4(m). 22 See Fed. R. Civ. P. 4(m) (If service of the summons and complaint is not made upon a defendant in 23 120 days after the filing of the complaint, the action must be dismissed without prejudice as to that 24 defendant absent a showing of "good cause."); see also Walker v. Sumner, 14 F.3d 1415, 1421-22 25 (9th Cir. 1994) (prisoner failed to show cause why prison official should not be dismissed under 26 Rule 4(m) because prisoner did not prove that he provided marshal with sufficient information to 27 serve official). 28 v. DR. HENRY, et al., Defendants. / MELVIN D. PRICE, Plaintiff, No. C 09-06050 SBA (PR) NOTICE REGARDING INABILITY TO SERVE DEFENDANT DR. HENRY

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

No later than thirty (30) days from the date of this Order, Plaintiff must provide the Court with a current address for Defendant Henry. Plaintiff should review the federal discovery rules, Rules 26-37 of the Federal Rules of Civil Procedure, for guidance about how to determine the current address of this Defendant. If Plaintiff fails to provide the Court with the current address of Defendant Henry within the thirty-day deadline, all claims against this Defendant will be dismissed without prejudice under Rule 4(m). IT IS SO ORDERED. DATED: 3/2/11 SAUNDRA BROWN ARMSTRONG United States District Judge

G:\PRO-SE\SBA\CR.09\Price6050.Locate-DefHenry.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MELVIN D. PRICE,

4 Plaintiff, 5 v. 6 DR. HENRY 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
G:\PRO-SE\SBA\CR.09\Price6050.Locate-DefHenry.wpd

Case Number: CV09-06050 SBA CERTIFICATE OF SERVICE

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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 March 3, 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.

Melvin D. Price F-37541 Salinas Valley State Prison 31625 Highway 101 North P.O. Box 1050 Soledad, CA 93960-1050 Dated: March 3, 2011 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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