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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORDER DIRECTING PLAINTIFF TO
PROVIDE INFORMATION NECESSARY
TO LOCATE DEFENDANT J. VERA

Plaintiff,

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No. C 11-03556 YGR (PR)

FIKRI BAYRAMOGLU,

vs.
E. BANALES, et al.,
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 complaint under 42 U.S.C. § 1983.
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The Court reviewed the complaint pursuant to 28 U.S.C. §1915A, found that the complaint stated a
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claim for relief upon certain named Defendants, and ordered service of process on them. (Docket
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No. 13.)
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Service has been ineffective on Defendant J. Vera.
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The summons for Defendant Vera was returned unexecuted on April 11, 2012. The
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Litigation Coordinator at Salinas Valley State Prison has informed the Court that they cannot locate
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Defendant Vera because this Defendant is retired from service. (Docket No. 25.)
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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).
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 Vera. Plaintiff should review the federal discovery rules, Rules

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26-37 of the Federal Rules of Civil Procedure, for guidance about how to determine the current

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address of this Defendant.

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If Plaintiff fails to provide the Court with the current address of Defendant Vera within

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

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under Rule 4(m).

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.
DATED: May 24, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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G:\PRO-SE\YGR\CR.11\Bayramoglu3556.locateVera.wpd

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