Trujillo v. Jacquez et al

Filing 20

ORDER DIRECTING PLAINTIFF TO PROVIDE FURTHER INFORMATION FOR UNSERVED DEFENDANTS. Signed by Judge Jeremy Fogel on 4/1/11. (dlm, COURT STAFF) (Filed on 4/22/2011)

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NOT FOR CITATION
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARIO TRUJILLO,
Plaintiff,

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vs.

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FRANCISCO JACQUEZ, et al.,
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Defendants.
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No. C 10-05183 JF (PR)

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ORDER DIRECTING PLAINTIFF TO
PROVIDE FURTHER INFORMATION
FOR UNSERVED DEFENDANTS

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Plaintiff, a prisoner currently incarcerated at the Pelican Bay State Prison

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(“PBSP”) in Crescent City, filed the instant civil rights action in pro se pursuant to 42

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U.S.C. § 1983 against PBSP officials. The Court ordered service of Plaintiff’s complaint

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upon the named defendants. (See Docket No. 3.) On March 14, 2011, the summons for

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Defendant J. Reynoso was returned with the following remark: “Facility has more than

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one individual with same name and initial. More information is needed.” (Docket No.

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15.) The summons for Defendant F. Avila was also returned on the same day with the

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following remark: “Subject is no longer at the facility. The facility will not accept

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service.” (Docket No. 16.) Accordingly, Reynoso and Avila have not been served.

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Although a plaintiff who is incarcerated and proceeding in forma pauperis may
Order Directing P to locate Ds
P:\PRO-SE\SJ.JF\CR.10\Trujillo05183_locate Ds.wpd

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rely on service by the Marshal, such plaintiff “may not remain silent and do nothing to

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effectuate such service”; rather, “[a]t a minimum, a plaintiff should request service upon

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the appropriate defendant and attempt to remedy any apparent defects of which [he] has

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knowledge.” Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). Here, Plaintiff’s

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complaint has been pending for over 120 days, and thus, absent a showing of “good

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cause,” is subject to dismissal without prejudice. See Fed. R. Civ. P. 4(m). Plaintiff has

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not provided sufficient information to allow the Marshal to locate and serve Defendants

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Reynoso and Avila, and consequently Plaintiff must remedy the situation or face

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dismissal of his claims against these defendants without prejudice. See Walker v.

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Sumner, 14 F.3d at 1421-22 (holding prisoner failed to show cause why prison official

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should not be dismissed under Rule 4(m) where prisoner failed to show he had provided

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Marshal with sufficient information to effectuate service).

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Accordingly, Plaintiff must provide the Court with Defendant Reynoso’s full name

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and badge number, if known, and Defendant Avila’s accurate current location such that

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the Marshal is able to effect service. If Plaintiff fails to provide the Court with an

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accurate current location for them within thirty (30) days of the date this order is filed,

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Plaintiff’s claims against Reynoso and Avila will be dismissed without prejudice pursuant

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to Rule 4(m) of the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.
DATED: 4/1/11
JEREMY FOGEL
United States District Judge

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Order Directing P to locate Ds
P:\PRO-SE\SJ.JF\CR.10\Trujillo05183_locate Ds.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MARIO TRUJILLO,

Case Number: CV10-05183 JF

Plaintiff,

CERTIFICATE OF SERVICE

v.
FRANCISCO JACQUEZ, et al.,
Defendants.

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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 4/22/11
, 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.

Mario Trujillo F-99682
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95531
Dated: 4/22/11
Richard W. Wieking, Clerk