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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FERNANDO GUZMAN REYEROS,
Plaintiff,

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v.

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MANUEL TAJON,

NOTICE REGARDING INABILITY TO
SERVE DEFENDANT MANUEL
TAJON

Defendant.

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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

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been ineffective on Defendant Manuel Tajon, a psychologist assigned to the mental health

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department at Salinas Valley State Prison (“SVSP”). The court has been informed that Defendant

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“no longer works at SVSP” and that prison officials “are unable to get in contact with him.” Dkt.

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13.

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As Plaintiff is proceeding in forma pauperis, he is responsible for providing the court with

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current addresses for any and 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). While Plaintiff may rely on service by the United States Marshal, or in this case, the

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procedure for requesting a defendant to waive the service requirement, “a plaintiff may not remain

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silent and do nothing to effectuate such service.” Rochon v. Dawson, 828 F.2d 1107, 1110 (5th

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Cir. 1987). When advised of a problem accomplishing service, a pro se litigation must “attempt to

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remedy any apparent defects of which [he] has knowledge.” Id. Pursuant to Federal Rule of Civil

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Procedure 4(m), if a complaint is not served within ninety days from the filing of the complaint, it

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may be dismissed without prejudice for failure of service. Fed. R. Civ. P. 4(m) (providing that if

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service of the summons and complaint is not made upon a defendant in 90 days after the filing of

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the complaint, the action must be dismissed without prejudice as to that defendant absent a

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showing of “good cause”); see also Walker, 14 F.3d at 1421-22 (prisoner failed to show cause

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why prison official should not dismissed under Rule 4(m) because prisoner did not prove that he

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provided marshal with sufficient information to serve official).

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No later than twenty-eight (28) days from the date of this Order, Plaintiff must provide

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the court with a current address for Defendant. Plaintiff should review the federal discovery rules,

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Rules 26-37 of the Federal Rules of Civil Procedure, for guidance about how to determine the

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current address of this Defendant.

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If Plaintiff fails to provide the court with the current address of Defendant within the

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twenty-eight-day deadline, all claims against Defendant will be dismissed without prejudice under

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United States District Court
Northern District of California

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Rule 4(m).
IT IS SO ORDERED.
Dated: October 30, 2018

______________________________________
DONNA M. RYU
United States Magistrate Judge

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