Hornbuckle v. Washington-Adduci

Filing 47

ORDER. Signed by Judge Phyllis J. Hamilton on 7/31/17. (kcS, COURT STAFF) (Filed on 7/31/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYNISHA MARIE HORNBUCKLE,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-05527-PJH
ORDER

v.
WARDEN MATEVOUSIAN, et al.,
Defendants.

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Plaintiff proceeds with a pro se civil rights complaint. The court ordered service

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and four defendants were served. The United States Marshal (“USM”) was unable to

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effectuate service on defendants Raski and Snell. Plaintiff was informed that she must

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provide more information so these defendants could be served. Plaintiff was told that she

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could seek such information through the California Public Records Act, and she was

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provided subpoenas.

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Plaintiff found two addresses for defendant Snell and the court ordered the USM to

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conduct service. The USM attempted service at both addresses, but the individuals at

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the addresses were not the defendant. Plaintiff will be provided an additional extension

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to ascertain service information for Snell and Raski. Failure to serve these defendants

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will result in their dismissal pursuant to Fed. R. Civ. P. 4(m).

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Plaintiff also submitted a subpoena to the court, but did not provide an address

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where the subpoena was to be served. Plaintiff will be provided two new blank

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subpoenas and she must follow the information set forth below if she returns them to the

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court. Plaintiff is informed that she is not required to use the subpoenas.

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CONCLUSION

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1. Plaintiff must provide information to perform service on the unserved
defendants by September 30, 2017.
2. Plaintiff is informed that as a pro se litigant, plaintiff needs the court’s Clerk to
issue a subpoena. Fed. R. Civ. P. 45(a)(3). Therefore, the Clerk shall send to plaintiff 2
blank records subpoena forms for plaintiff to fill out and return to the court so that the
Clerk may issue the subpoena and the USM may serve it on the subpoenaed party.
Plaintiff needs to fill in all of the necessary information, but must leave the signature line
blank so that the Clerk may sign it. Plaintiff must provide an address where each
subpoena is to be served.
IT IS SO ORDERED.

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United States District Court
Northern District of California

Dated: July 31, 2017
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PHYLLIS J. HAMILTON
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYNISHA MARIE HORNBUCKLE,

Case No. 16-cv-05527-PJH

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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WARDEN MATEVOUSIAN, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on July 31, 2017, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Tynisha Marie Hornbuckle ID: 66383-097
FCI Aliceville
11070 Highway 14
P O Box 4000
Aliceville, AL 35442

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Dated: July 31, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Kelly Collins, Deputy Clerk to the
Honorable PHYLLIS J. HAMILTON
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