Reyeros v. Tajon et al

Filing 15

ORDER RE: NOTICE REGARDING INABILITY TO SERVE DEFENDANT MANUEL TAJON. Current address for defendant to be provided to the Court by 11/27/18. Signed by Judge Donna M. Ryu on 10/30/2018. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/30/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FERNANDO GUZMAN REYEROS, Plaintiff, 8 v. 9 10 MANUEL TAJON, NOTICE REGARDING INABILITY TO SERVE DEFENDANT MANUEL TAJON Defendant. 11 United States District Court Northern District of California Case No. 18-cv-01529-DMR (PR) This Order addresses issues regarding service in the above-captioned action. Service has 12 13 been ineffective on Defendant Manuel Tajon, a psychologist assigned to the mental health 14 department at Salinas Valley State Prison (“SVSP”). The court has been informed that Defendant 15 “no longer works at SVSP” and that prison officials “are unable to get in contact with him.” Dkt. 16 13. 17 As Plaintiff is proceeding in forma pauperis, he is responsible for providing the court with 18 current addresses for any and all Defendants so that service can be accomplished. See Walker v. 19 Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994); Sellers v. United States, 902 F.2d 598, 603 (7th Cir. 20 1990). While Plaintiff may rely on service by the United States Marshal, or in this case, the 21 procedure for requesting a defendant to waive the service requirement, “a plaintiff may not remain 22 silent and do nothing to effectuate such service.” Rochon v. Dawson, 828 F.2d 1107, 1110 (5th 23 Cir. 1987). When advised of a problem accomplishing service, a pro se litigation must “attempt to 24 remedy any apparent defects of which [he] has knowledge.” Id. Pursuant to Federal Rule of Civil 25 Procedure 4(m), if a complaint is not served within ninety days from the filing of the complaint, it 26 may be dismissed without prejudice for failure of service. Fed. R. Civ. P. 4(m) (providing that if 27 service of the summons and complaint is not made upon a defendant in 90 days after the filing of 28 the complaint, the action must be dismissed without prejudice as to that defendant absent a 1 showing of “good cause”); see also Walker, 14 F.3d at 1421-22 (prisoner failed to show cause 2 why prison official should not dismissed under Rule 4(m) because prisoner did not prove that he 3 provided marshal with sufficient information to serve official). 4 No later than twenty-eight (28) days from the date of this Order, Plaintiff must provide 5 the court with a current address for Defendant. Plaintiff should review the federal discovery rules, 6 Rules 26-37 of the Federal Rules of Civil Procedure, for guidance about how to determine the 7 current address of this Defendant. 8 If Plaintiff fails to provide the court with the current address of Defendant within the 9 twenty-eight-day deadline, all claims against Defendant will be dismissed without prejudice under 10 United States District Court Northern District of California 11 12 13 Rule 4(m). IT IS SO ORDERED. Dated: October 30, 2018 ______________________________________ DONNA M. RYU United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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