Young v. Hedgpeth

Filing 55

ORDER DIRECTING PLAINTIFF TO PROVIDE COURT WITH MORE INFORMATION FOR UNSERVEDDEFENDANTS. Plaintiff must file notice and provide the Court with the accurate current location, and the first name initial if available, of Defendants Muhammand, Rayes, Dix ion, Jardini, Miranda, Nguyen, and Ramos such that the Marshal is able to effect service. If Plaintiff fails to provide the Court with an accurate current location for these Defendants within thirty (30) days of the date this order is filed, Plaintif f's claims against Muhammand, Rayes, Dixion, Jardini, Miranda, Nguyen, and Ramos will be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Edward J. Davila on 3/30/2012. (ecg, COURT STAFF) (Filed on 4/2/2012)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

DANNY GEROME YOUNG,
Plaintiff,
12

vs.
13
14

ANTHONY HEDGPETH, et al.,
Defendants.

15

No. C 11-02739 EJD (PR)

)
)
)
)
)
)
)
)
)
)
)
)

11

16

ORDER DIRECTING PLAINTIFF TO
PROVIDE COURT WITH MORE
INFORMATION FOR UNSERVED
DEFENDANTS

17

Plaintiff, a California inmate at the Salinas Valley State Prison (”SVSP”) in
18

Soledad, filed the instant civil rights action in pro se pursuant to 42 U.S.C. § 1983 against
19

prison officials for unconstitutional acts. The Court ordered service of Plaintiff’s
20

complaint upon the named defendants. (See Docket No. 6.) The following defendants
21

have not been served.
22
23

DISCUSSION
24

A.

Insufficient Location Information

25

The summonses for Defendants Muhammand, Rayes, Dixion, Jardini, Miranda,
26

and Nguyen that were sent to SVSP, where Plaintiff indicated they were located, were
27

returned unexecuted on November 18, 2011, with the following remark: “Not at the
28
Order Directing P to locate Ds
G:\PRO-SE\SJ.EJD\CR.11\02739Young_unserved Ds.wpd

1

1

facility. Facility will not accept service.” (Docket Nos. 11, 12, 13, 14, 15 & 16.) The

2

summons for Defendant C. Ramos was returned because Defendant Ramos is no longer

3

employed at SVSP, and no forwarding address is available through the institution.

4

(Docket No. 44.) Accordingly, Muhammand, Rayes, Dixion, Jardini, Miranda, Nguyen,

5

and Ramos have not been served.

6

Although a plaintiff who is incarcerated and proceeding in forma pauperis may

7

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

8

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

9

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

10

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

11

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

12

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

13

Plaintiff has not provided sufficient information to allow the Marshal to locate and

14

serve Defendants Muhammand, Rayes, Dixion, Jardini, Miranda, Nguyen, and Ramos,

15

and consequently Plaintiff must remedy the situation or face dismissal of his claims

16

against these defendants without prejudice. See Walker v. Sumner, 14 F.3d 1415, 1421-

17

22 (9th Cir. 1994)(holding prisoner failed to show cause why prison official should not be

18

dismissed under Rule 4(m) where prisoner failed to show he had provided Marshal with

19

sufficient information to effectuate service). Accordingly, Plaintiff must provide the

20

Court with these Defendants’ accurate current location, as well as a first name initial if

21

available, such that the Marshal is able to effect service.

22

CONCLUSION

23
24

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

25

1.

Plaintiff must file notice and provide the Court with the accurate current

26

location, and the first name initial if available, of Defendants Muhammand, Rayes,

27

Dixion, Jardini, Miranda, Nguyen, and Ramos such that the Marshal is able to effect

28

service. If Plaintiff fails to provide the Court with an accurate current location for
Order Directing P to locate Ds
G:\PRO-SE\SJ.EJD\CR.11\02739Young_unserved Ds.wpd

2

1

these Defendants within thirty (30) days of the date this order is filed, Plaintiff’s

2

claims against Muhammand, Rayes, Dixion, Jardini, Miranda, Nguyen, and Ramos

3

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

4

Civil Procedure.

5
6

DATED:

3/30/2012

EDWARD J. DAVILA
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Directing P to locate Ds
G:\PRO-SE\SJ.EJD\CR.11\02739Young_unserved Ds.wpd

3

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

DANNY GEROME YOUNG,

Case Number: CV11-02739 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
ANTHONY HEDGPETH, 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.
4/2/2012
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.

Danny Gerome Young C-53235
Salinas Valley State Prison
CTC 23
P.O. Box 1050
Soledad, CA 93960-1050
Dated:

4/2/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk