Martin et al v. Hedgpath et al
Filing
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ORDER DIRECTING PLAINTIFF TO PROVIDE REQUIRED INFORMATION. Signed by Judge Yvonne Gonzalez Rogers on 1/30/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/30/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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vs.
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ANTHONY HEDGPETH, et al.,
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Defendants.
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United States District Court
For the Northern District of California
ORDER DIRECTING PLAINTIFF TO
PROVIDE REQUIRED INFORMATION
NECESSARY TO IDENTIFY AND
LOCATE DEFENDANTS MOORING,
WALKER, WILL, GEE, AND LADUKE
Plaintiff,
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No. C 12-03771 YGR (PR)
ALFRED MARTIN,
/
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Plaintiff filed the instant pro se civil rights complaint under 42 U.S.C. ยง 1983. The Court
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issued an Order of Service, directing the United States Marshal to serve a summons and complaint
on Defendants.
Service has been ineffective on Defendants Correctional Officer R. Mooring as well as
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Nurses Walker, Will, Gee, and Laduke at Salinas Valley State Prison (SVSP). The Court has been
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informed that the United States Marshal was unable to locate the aforementioned Defendants
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because: (1) as to Defendants Mooring and Laduke - "no such person" by these names is employed
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by SVSP; (2) as to Defendant Walker - "no such person @ SVSP;" and (3) as to Defendants Will
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and Gee - "no such person [at SVSP]" and "no record" because they "might have been contract
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employee[s]." (Docket Nos. 8, 9, 10, 11, 12.)
As Plaintiff is proceeding in forma pauperis (IFP), he is responsible for providing the Court
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with current addresses for all Defendants so that service can be accomplished. See Walker v.
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Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994); Sellers v. United States, 902 F.2d 598, 603 (7th Cir.
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1990).
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Pursuant to Federal Rule of Civil Procedure 4(m), if a complaint is not served within 120
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days from the filing of the complaint, it may be dismissed without prejudice for failure of service.
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When advised of a problem accomplishing service, a pro se litigant proceeding IFP must "attempt to
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remedy any apparent defects of which [he] has knowledge." Rochon v. Dawson, 828 F.2d 1107,
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1110 (5th Cir. 1987). If the marshal's office is unable to effectuate service through no fault of its
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own, e.g., because Plaintiff failed to provide sufficient information or because the defendant is not
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where Plaintiff claims, and Plaintiff is informed, Plaintiff must seek to remedy the situation or face
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dismissal. See Walker, 14 F.3d at 1421-22 (prisoner failed to show cause why prison official should
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not be dismissed under Rule 4(m) because prisoner did not prove that he provided marshal with
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sufficient information to serve official or that he requested that official be served); see also Del
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Raine v. Williford, 32 F.3d 1024, 1029-31 (7th Cir. 1994) (prisoner failed to show good cause for
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failing to timely effect service on defendant because plaintiff did not provide marshal with copy of
United States District Court
For the Northern District of California
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amended complaint until after more than 120 days after it was filed).
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IT IS HEREBY ORDERED THAT within twenty-eight (28) days of the date of this Order,
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Plaintiff must provide the Court with the required information necessary to identify and locate each
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of these Defendants, such as their first names, identification numbers, or current addresses. Failure
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to do so shall result in the dismissal of all claims against these Defendants. If Plaintiff provides the
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Court with aforementioned required information, service shall again be attempted. If service fails a
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second time, all claims against these Defendants shall be dismissed.
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IT IS SO ORDERED.
DATED:
January 30, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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G:\PRO-SE\YGR\CR.12\Martin3771.locateDEFS.wpd
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