Tilei v. California Department of Corrections and Rehabilitation

Filing 49

ORDER Granting Request for Extension of Time to Serve Defendant Sanchez re 48 Notice filed by Punaofo Tsugito Tilei. Signed by Judge Phyllis J. Hamilton on 03/01/2017. (pjhlc2S, COURT STAFF) (Filed on 3/1/2017)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 PUNAOFO TSUGITO TILEI, Case No. 12-cv-01688-PJH Plaintiff, 6 v. 7 8 9 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., ORDER GRANTING REQUEST FOR EXTENSION OF TIME TO SERVE DEFENDANT SANCHEZ Re: Dkt. No. 48 Defendants. 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 Before the court is plaintiff’s “Request for Extension in Deadline to Serve Defendant Sanchez.” Dkt. 48. Per the court’s prior order, service on all defendants was due by February 28, 2017. Dkt. 36. However, plaintiff’s counsel informs the court that although plaintiff was able to serve “six of the seven named defendants,” he “has not yet been able to identify defendant Correctional Officer Sanchez.” Dkt. 48. Plaintiff requests “an extension in the deadline to serve Officer Sanchez,” and proposes to serve targeted discovery to facilitate the identification of Officer Sanchez at “the earliest possible opportunity.” Id. 19 Good cause appearing, the court hereby GRANTS the request for additional time 20 to serve defendant Sanchez. The court will not, however, approve an open-ended 21 request. If Sanchez is not served within 60 days, he will be dismissed for failure to serve 22 without prejudice. Plaintiff may seek to re-name him as a defendant by motion or 23 stipulation should his full identity and location be discovered at a later time. 24 IT IS SO ORDERED. 25 Dated: March 1, 2017 26 27 28 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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