Fikri Bayramoglu v. E Banales et al

Filing 29

ORDER DIRECTING PLAINTIFF TO PROVIDE INFORMATION NECESSARY TO LOCATE DEFENDANT J. VERA. Signed by Judge Yvonne Gonzalez Rogers on 5/24/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/24/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 8 ORDER DIRECTING PLAINTIFF TO PROVIDE INFORMATION NECESSARY TO LOCATE DEFENDANT J. VERA Plaintiff, 6 7 No. C 11-03556 YGR (PR) FIKRI BAYRAMOGLU, vs. E. BANALES, et al., Defendants. 9 / United States District Court For the Northern District of California 10 Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. § 1983. 11 The Court reviewed the complaint pursuant to 28 U.S.C. §1915A, found that the complaint stated a 12 claim for relief upon certain named Defendants, and ordered service of process on them. (Docket 13 No. 13.) 14 Service has been ineffective on Defendant J. Vera. 15 The summons for Defendant Vera was returned unexecuted on April 11, 2012. The 16 Litigation Coordinator at Salinas Valley State Prison has informed the Court that they cannot locate 17 Defendant Vera because this Defendant is retired from service. (Docket No. 25.) 18 While Plaintiff may rely on service by the United States Marshal, "a plaintiff may not remain 19 silent and do nothing to effectuate such service. At a minimum, a plaintiff should request service 20 upon the appropriate defendant and attempt to remedy any apparent defects of which [he] has 21 knowledge." Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). If the marshal is unable to 22 effectuate service and the plaintiff is so informed, the plaintiff must seek to remedy the situation or 23 face dismissal of the claims regarding that defendant under Federal Rule of Civil Procedure 4(m). 24 See Fed. R. Civ. P. 4(m) (providing that if service of the summons and complaint is not made upon a 25 defendant in 120 days after the filing of the complaint, the action must be dismissed without 26 prejudice as to that defendant absent a showing of "good cause"); see also Walker v. Sumner, 14 27 F.3d 1415, 1421-22 (9th Cir. 1994) (prisoner failed to show cause why prison official should not be 28 dismissed under Rule 4(m) because prisoner did not prove that he provided marshal with sufficient 1 2 information to serve official). No later than thirty (30) days from the date of this Order, Plaintiff must provide the Court 3 with a current address for Defendant Vera. Plaintiff should review the federal discovery rules, Rules 4 26-37 of the Federal Rules of Civil Procedure, for guidance about how to determine the current 5 address of this Defendant. 6 If Plaintiff fails to provide the Court with the current address of Defendant Vera within 7 the thirty-day deadline, all claims against this Defendant will be dismissed without prejudice 8 under Rule 4(m). 9 United States District Court For the Northern District of California 10 IT IS SO ORDERED. DATED: May 24, 2012 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\YGR\CR.11\Bayramoglu3556.locateVera.wpd 2

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