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