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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TYNISHA MARIE HORNBUCKLE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-05527-PJH ORDER v. WARDEN MATEVOUSIAN, et al., Defendants. 12 13 Plaintiff proceeds with a pro se civil rights complaint. The court ordered service 14 and four defendants were served. The United States Marshal (“USM”) was unable to 15 effectuate service on defendants Raski and Snell. Plaintiff was informed that she must 16 provide more information so these defendants could be served. Plaintiff was told that she 17 could seek such information through the California Public Records Act, and she was 18 provided subpoenas. 19 Plaintiff found two addresses for defendant Snell and the court ordered the USM to 20 conduct service. The USM attempted service at both addresses, but the individuals at 21 the addresses were not the defendant. Plaintiff will be provided an additional extension 22 to ascertain service information for Snell and Raski. Failure to serve these defendants 23 will result in their dismissal pursuant to Fed. R. Civ. P. 4(m). 24 Plaintiff also submitted a subpoena to the court, but did not provide an address 25 where the subpoena was to be served. Plaintiff will be provided two new blank 26 subpoenas and she must follow the information set forth below if she returns them to the 27 court. Plaintiff is informed that she is not required to use the subpoenas. 28 CONCLUSION 1 2 3 4 5 6 7 8 9 10 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. 11 United States District Court Northern District of California Dated: July 31, 2017 12 13 14 PHYLLIS J. HAMILTON United States District Judge 15 16 \\candoak.cand.circ9.dcn\data\users\PJHALL\_psp\2016\2016_05527_Hornbuckle_v_Matevousian_(PSP)\16-cv-05527-PJHord2.docx 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 TYNISHA MARIE HORNBUCKLE, Case No. 16-cv-05527-PJH Plaintiff, 6 v. CERTIFICATE OF SERVICE 7 8 WARDEN MATEVOUSIAN, et al., Defendants. 9 10 United States District Court Northern District of California 11 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 12 13 14 15 16 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. 17 18 19 20 Tynisha Marie Hornbuckle ID: 66383-097 FCI Aliceville 11070 Highway 14 P O Box 4000 Aliceville, AL 35442 21 22 Dated: July 31, 2017 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Kelly Collins, Deputy Clerk to the Honorable PHYLLIS J. HAMILTON 3

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