Wright v. Carasco et al

Filing 22

ORDER by Judge Claudia Wilken GRANTING PLAINTIFF'S 21 MOTION TO DISMISS WITHOUT PREJUDICE ALL CLAIMS AGAINST DEFENDANT LVN HERNANDEZ. (ndr, COURT STAFF) (Filed on 4/12/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 10-00064 CW (PR) DEMETRIUS A. WRIGHT, 5 ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE ALL CLAIMS AGAINST DEFENDANT LVN HERNANDEZ Plaintiff, 6 v. 7 R. CARASCO, et al., 8 Defendants. 9 United States District Court For the Northern District of California 10 / Plaintiff, a state prisoner, filed the present pro se prisoner 11 complaint under 42 U.S.C. ยง 1983. 12 Service. 13 The Court issued an Order of Defendant Licensed Vocational Nurse (LVN) Hernandez has not 14 been served in this action. 15 litigation coordinator at Salinas Valley State Prison has been 16 unable to locate Defendant Hernandez. The Court has been informed that the 17 As Plaintiff is proceeding in forma pauperis (IFP), he is 18 responsible for providing the Court with current addresses for all 19 Defendants so that service can be accomplished. 20 Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994); Sellers v. United 21 States, 902 F.2d 598, 603 (7th Cir. 1990). 22 See Walker v. Pursuant to Federal Rule of Civil Procedure 4(m), if a 23 complaint is not served within 120 days from the filing of the 24 complaint, it may be dismissed without prejudice for failure of 25 service. 26 litigant proceeding IFP must "attempt to remedy any apparent 27 defects of which [he] has knowledge." 28 When advised of a problem accomplishing service, a pro se Rochon v. Dawson, 828 F.2d 1 1107, 1110 (5th Cir. 1987). 2 service through no fault of his own, e.g., because the plaintiff 3 failed to provide sufficient information, the plaintiff must seek 4 to remedy the situation or face dismissal. 5 1421-22 (prisoner failed to show cause why complaint against prison 6 official should not be dismissed under Rule 4(m) because prisoner 7 did not prove that he provided marshal with sufficient information 8 to serve official or that he requested that official be served). 9 If the marshal is unable to effectuate See Walker, 14 F.3d at In an Order dated March 3, 2011, the Court informed Plaintiff United States District Court For the Northern District of California 10 that service had been ineffective on Defendant Hernandez and 11 directed Plaintiff to provide the Court with the required 12 information necessary to identify Defendant Hernandez within thirty 13 days of the Order. 14 failed to provide the Court with the aforementioned required 15 information. 16 Hernandez From the Complaint Without Prejudice" (docket no. 21). 17 Thirty days have passed, and Plaintiff has Instead, Plaintiff has filed a "Motion to Dismiss LVN Accordingly, Plaintiff's motion (docket no. 21) is GRANTED and 18 all claims against Defendant Hernandez are DISMISSED without 19 prejudice under Rule 4(m). 20 This Order terminates Docket no. 21. 21 IT IS SO ORDERED. 22 Dated: 4/12/2012 23 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 DEMETRIUS A. WRIGHT, Case Number: CV10-00064 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 R. CARASCO 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 12, 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 Demetrius Ahmed Wright T65802 Salinas Valley State Prison P.O. Box 1050 Soledad, CA 93960 Dated: April 12, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 3

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