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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NOT FOR CITATION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 DISMISSING DEFENDANT F.
AVILA; DIRECTING CLERK TO
REISSUE SUMMONSES

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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 summonses for

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Defendants J. Reynoso and F. Avila were returned with explanatory remarks. (See

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Docket No. 15 & 16.) The Court directed Plaintiff to provide Defendant Reynoso’s full

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name and badge number and Defendant Avila’s current location or face dismissal of the

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claims against these Defendants with prejudice pursuant to Rule 4(m) of the Federal

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Rules of Civil Procedure. (See Docket No. 20 at 2.)

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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

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Defendants Reynoso, Avila, Nicholas White and C. Moua. (Docket No. 25.) The Court

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notes that counsel for Defendant White has appeared on his behalf. (Docket No. 26.)

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However, it appears that Defendants Reynoso and Moua have not been served. The Court

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will reissue summons to these defendants with the information provided by Plaintiff.

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However, because Plaintiff has failed to provide an accurate current location for

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Defendant Avila, who is no longer at PBSP, the claims against this defendant are

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DISMISSED without prejudice pursuant to Rule 4(m).

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CONCLUSION

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For the reasons stated above, the Court orders as follows:

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1.

All claims against Defendant F. Avila are DISMISSED without prejudice

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pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk shall terminate

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this defendant from this action.

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2.

The Clerk of the Court shall reissue summons and the United States

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Marshal shall serve, without prepayment of fees, a copy of the complaint in this matter,

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all attachments thereto, a copy of the Court Order filed February 22, 2011, (Docket No.

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3), and a copy of this order upon Defendants J. Reynoso (Badge No. 69504 - I.D. No.

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116003086) and C. Moua (Badge No. 77137 - I.D. No. 116003696) at the Pelican Bay

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State Prison. The Clerk shall also mail a courtesy copy of this order to the California

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Attorney General’s Office.

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3.

Defendants shall file a motion for summary judgment or other dispositive

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motion with respect to the claims in the complaint found to be cognizable, and briefing

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shall proceed thereafter, in accordance with the schedule and instructions set forth in the

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Court’s Order of Service, filed February 22, 2011, (Docket No. 3).

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IT IS SO ORDERED.
DATED: 6/8/11
JEREMY FOGEL
United States District Judge

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Order Directing P to locate Ds
P:\PRO-SE\SJ.JF\CR.10\Trujillo05183_reissue.4m.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.
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