Uvalles v. Jaquez et al

Filing 151

ORDER Addressing Service Issues; Instructions to Clerk by Judge Ronald M. Whyte Granting 144 Motion for Reconsideration ; Granting 145 Motion for Extension of Time. (jg, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RAUL UVALLES,

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Plaintiff,
v.
FRANCISCO JACQUEZ, et al.,
Defendants.

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No. C 09-5221 RMW (PR)
ORDER ADDRESSING SERVICE
ISSUES; INSTRUCTIONS TO
CLERK

(Docket Nos. 144, 145)

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Plaintiff filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. On May 11, 2010,
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the court ordered service of the cognizable claims alleged in plaintiff’s amended complaint upon
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named defendants. On June 23, 2010, the court received ten summonses returned as unexecuted.
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On August 2, 2010, the court issued an order directing plaintiff to provide accurate and current
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information regarding the location of these ten defendants so that the U.S. Marshal could effect
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service. On August 17, 2010, the court received three more summonses which were returned
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unexecuted. On September 13, 2010, plaintiff provided additional information regarding the
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initial ten unserved defendants. On November 30, 2010, the court directed the clerk to re-serve
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summonses on those ten defendants. In that same order, the court directed plaintiff to provide
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accurate and current information regarding the location of the remaining three defendants so that
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the U.S. Marshal could effect service. On June 24, 2011, having received no information from
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Order Addressing Service Issues; Instructions to Clerk
P:\PRO-SE\SJ.Rmw\CR.09\Uvalles221misc.wpd

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plaintiff regarding those three unserved defendants, the court dismissed them from this action

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without prejudice.

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Plaintiff has filed a motion to reconsider the dismissal of those defendants, stating that he

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never received the order directing him to provide more information about them. Plaintiff’s

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motion is GRANTED. Plaintiff also requests additional time to locate the remaining unserved

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defendants. The court will GRANT one final extension to provide sufficient information to

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locate unserved defendants. Such additional information may include the defendants’ current

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assigned unit, defendants’ full names, defendants’ badge numbers, or other more identifying

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information so that the U.S. Marshal can locate and determine the particular defendants to be

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served.
Accordingly, within thirty (30) days of the filing date of this order, plaintiff must

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provide the court with accurate and current information for defendants Sgt. Henderson, Charles

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Duncan, D. Dewitt, Correctional Officer J. Gonzalez, Correctional Officer J. Shaw, Correctional

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Officer F. Palaccio, D. Fabela, B. Jones, and J. Hernandez such that the U.S. Marshal is able to

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effect service upon them.

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The Clerk of the Court shall send a copy of this order to the litigation coordinator at

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Pelican Bay State Prison, who is requested to provide to the court, as a courtesy, any

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forwarding address information that is available with respect to these defendants within

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thirty (30) days from the filing date of this order. If no further information is available from

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the litigation coordinator, and if plaintiff fails to provide the requested information within thirty

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(30) days, defendants Sgt. Henderson, Charles Duncan, D. Dewitt, Correctional Officer J.

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Gonzalez, Correctional Officer J. Shaw, Correctional Officer F. Palaccio, D. Fabela, B. Jones,

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and J. Hernandez will be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules

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of Civil Procedure.

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This order terminates docket nos. 144 and 145.

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IT IS SO ORDERED.

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DATED:
RONALD M. WHYTE
United States District Judge
Order Addressing Service Issues; Instructions to Clerk
P:\PRO-SE\SJ.Rmw\CR.09\Uvalles221misc.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

RAUL UVALLES,

Case Number: CV09-05221 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
FRANCISCO JAQUEZ et al,
Defendant.

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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.
That on October 25, 2011, 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.

Raul Uvalles T-59954
Pelican Bay State Prison
Housing: C9-106
P.O. Box 7500
Crescent City, CA 95532

Dated: October 25, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk