Hernandez et al v. Banta et al

Filing 13

ORDER DIRECTING PLAINTIFF TO PROVIDE REQUIRED INFORMATION. Signed by Judge Yvonne Gonzalez Rogers on 2/19/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/19/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 ORDER DIRECTING PLAINTIFF TO PROVIDE REQUIRED INFORMATION NECESSARY TO IDENTIFY AND LOCATE DEFENDANT G. WILLIAMS Plaintiff, 6 7 vs. 8 N. BANTA, et al., 9 Defendants. 10 United States District Court For the Northern District of California No. C 12-03162 YGR (PR) RICHARD A. HERNANDEZ, JR., / 11 Plaintiff filed the instant pro se civil rights complaint under 42 U.S.C. ยง 1983. The Court 12 13 14 issued an Order of Service, directing the United States Marshal to serve a summons and complaint on Defendants. Service has been ineffective on Defendant G. Williams at Pelican Bay State Prison (PBSP). 15 16 The Court has been informed that the United States Marshal was unable to locate the 17 aforementioned Defendant because the litigation coordinator at PBSP was "unable to identify a G. 18 Williams as ever working at [PBSP]." (Docket No. 11.) As Plaintiff is proceeding in forma pauperis (IFP), he is responsible for providing the Court 19 20 with current addresses for all Defendants so that service can be accomplished. See Walker v. 21 Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994); Sellers v. United States, 902 F.2d 598, 603 (7th Cir. 22 1990). 23 Pursuant to Federal Rule of Civil Procedure 4(m), if a complaint is not served within 120 24 days from the filing of the complaint, it may be dismissed without prejudice for failure of service. 25 When advised of a problem accomplishing service, a pro se litigant proceeding IFP must "attempt to 26 remedy any apparent defects of which [he] has knowledge." Rochon v. Dawson, 828 F.2d 1107, 27 1110 (5th Cir. 1987). If the marshal's office is unable to effectuate service through no fault of its 28 own, e.g., because Plaintiff failed to provide sufficient information or because the defendant is not 1 where Plaintiff claims, and Plaintiff is informed, Plaintiff must seek to remedy the situation or face 2 dismissal. See Walker, 14 F.3d at 1421-22 (prisoner failed to show cause why prison official should 3 not be dismissed under Rule 4(m) because prisoner did not prove that he provided marshal with 4 sufficient information to serve official or that he requested that official be served); see also Del 5 Raine v. Williford, 32 F.3d 1024, 1029-31 (7th Cir. 1994) (prisoner failed to show good cause for 6 failing to timely effect service on defendant because plaintiff did not provide marshal with copy of 7 amended complaint until after more than 120 days after it was filed). 8 9 IT IS HEREBY ORDERED THAT within twenty-eight (28) days of the date of this Order, Plaintiff must provide the Court with the required information necessary to identify and locate United States District Court For the Northern District of California 10 Defendant Williams, such as a full first name, identification number, or current address. Failure to 11 do so shall result in the dismissal of all claims against Defendant Williams. If Plaintiff provides the 12 Court with aforementioned required information, service shall again be attempted. If service fails a 13 second time, all claims against Defendant Williams shall be dismissed. 14 15 IT IS SO ORDERED. DATED: February 19, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\YGR\CR.12\Hernandez3162.locateDEF-williams.wpd 2

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