Trujillo v. Jacquez et al

Filing 29

ORDER DISMISSING DEFENDANT F. AVILA; DIRECTING CLERK TO REISSUE SUMMONSES. Signed by Judge Jeremy Fogel on 6/8/11. (dlm, COURT STAFF) (Filed on 6/13/2011)

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1 2 3 4 5 6 7 8 NOT FOR CITATION 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 MARIO TRUJILLO, Plaintiff, 13 14 vs. 15 FRANCISCO JACQUEZ, et al., 16 Defendants. 17 No. C 10-05183 JF (PR) ) ) ) ) ) ) ) ) ) ) ) ) ORDER DISMISSING DEFENDANT F. AVILA; DIRECTING CLERK TO REISSUE SUMMONSES 18 19 Plaintiff, a prisoner currently incarcerated at the Pelican Bay State Prison 20 (“PBSP”) in Crescent City, filed the instant civil rights action in pro se pursuant to 42 21 U.S.C. § 1983 against PBSP officials. The Court ordered service of Plaintiff’s complaint 22 upon the named defendants. (See Docket No. 3.) On March 14, 2011, the summonses for 23 Defendants J. Reynoso and F. Avila were returned with explanatory remarks. (See 24 Docket No. 15 & 16.) The Court directed Plaintiff to provide Defendant Reynoso’s full 25 name and badge number and Defendant Avila’s current location or face dismissal of the 26 claims against these Defendants with prejudice pursuant to Rule 4(m) of the Federal 27 Rules of Civil Procedure. (See Docket No. 20 at 2.) 28 Plaintiff has filed a response to the Court’s order, providing the badge numbers of Order Dism; Reissues Summons P:\PRO-SE\SJ.JF\CR.10\Trujillo05183_reissue.4m.wpd 1 1 Defendants Reynoso, Avila, Nicholas White and C. Moua. (Docket No. 25.) The Court 2 notes that counsel for Defendant White has appeared on his behalf. (Docket No. 26.) 3 However, it appears that Defendants Reynoso and Moua have not been served. The Court 4 will reissue summons to these defendants with the information provided by Plaintiff. 5 However, because Plaintiff has failed to provide an accurate current location for 6 Defendant Avila, who is no longer at PBSP, the claims against this defendant are 7 DISMISSED without prejudice pursuant to Rule 4(m). 8 CONCLUSION 9 10 For the reasons stated above, the Court orders as follows: 11 1. All claims against Defendant F. Avila are DISMISSED without prejudice 12 pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk shall terminate 13 this defendant from this action. 14 2. The Clerk of the Court shall reissue summons and the United States 15 Marshal shall serve, without prepayment of fees, a copy of the complaint in this matter, 16 all attachments thereto, a copy of the Court Order filed February 22, 2011, (Docket No. 17 3), and a copy of this order upon Defendants J. Reynoso (Badge No. 69504 - I.D. No. 18 116003086) and C. Moua (Badge No. 77137 - I.D. No. 116003696) at the Pelican Bay 19 State Prison. The Clerk shall also mail a courtesy copy of this order to the California 20 Attorney General’s Office. 21 3. Defendants shall file a motion for summary judgment or other dispositive 22 motion with respect to the claims in the complaint found to be cognizable, and briefing 23 shall proceed thereafter, in accordance with the schedule and instructions set forth in the 24 Court’s Order of Service, filed February 22, 2011, (Docket No. 3). 25 26 IT IS SO ORDERED. DATED: 6/8/11 JEREMY FOGEL United States District Judge 27 28 Order Directing P to locate Ds P:\PRO-SE\SJ.JF\CR.10\Trujillo05183_reissue.4m.wpd 2 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. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 6/13/11 That on , 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: 6/13/11 Richard W. Wieking, Clerk By: Hannah Hwang, Deputy Clerk

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