Solomon v. Meyer et al

Filing 38

ORDER DIRECTING PLAINTIFF TO PROVIDE COURT WITH MORE INFORMATION FOR UNSERVED DEFENDANTS. Signed by Judge Lucy H. Koh on 5/18/12. (Attachments: # 1 certificate of service)(mpb, COURT STAFF) (Filed on 5/21/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VINCENTE URAIN SOLOMON,

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Plaintiff,
v.
CDW G. LEWIS, et al.,
Defendants.

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No. C 11-2827 LHK (PR)
ORDER DIRECTING
PLAINTIFF TO PROVIDE
COURT WITH MORE
INFORMATION FOR
UNSERVED DEFENDANTS

On January 13, 2012, Plaintiff, a California inmate at the Salinas Valley State

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Prison (“SVSP”) in Soledad, filed a second amended complaint pursuant to 42 U.S.C.

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§ 1983 against SVSP officials. (Docket No. 14.) On April 9, 2012, the Court ordered

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service of Plaintiff’s complaint upon the named Defendants. (Docket No. 15.)

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The summonses for Defendants CC2 T. Miner, C/O Sgt. Bonville, CDW G. Lewis,

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Sgt. P. Murphy, C/O Blakemanship, Sgt. Moyers, C/O Hollingworth, CDW J. Negrete,

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Capt. M. Bryant, CSR J. Short, C/O Dornan, C/O J. Cable, C/O B. Long, C/O K. Cannon,

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C/O Citch, and C/O Syner that were all sent to SVSP, where Plaintiff indicated they were

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located, were returned unexecuted on May 2, 2012, with the following remark:

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“Individual does not work there.” (Docket Nos. 17-32.) Accordingly, the above named

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Defendants have not been served.

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Although a plaintiff who is incarcerated and proceeding in forma pauperis may
Order Directing Plaintiff to Provide Court Info for Unserved Defs
G:\PRO-SE\SJ.LHK\CR.11\Solomon827srv2.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). Absent a showing

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of “good cause,” a complaint pending for over 120 days is subject to dismissal without

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prejudice. See Fed. R. Civ. P. 4(m).

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

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serve Defendants CC2 T. Miner, C/O Sgt. Bonville, CDW G. Lewis, Sgt. P. Murphy, C/O

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Blakemanship, Sgt. Moyers, C/O Hollingworth, CDW J. Negrete, Capt. M. Bryant, CSR

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J. Short, C/O Dornan, C/O J. Cable, C/O B. Long, C/O K. Cannon, C/O Citch, and C/O

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Syner. Consequently, Plaintiff must remedy the situation or face dismissal of his claims

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

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

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

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with sufficient information to effectuate service).

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Accordingly, within 30 days of the filing date of this order, Plaintiff must provide

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the Court with sufficient information to locate Defendants such that the Marshal is able to

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effect service. If Plaintiff fails to comply with this order, Plaintiff’s claims against

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CC2 T. Miner, C/O Sgt. Bonville, CDW G. Lewis, Sgt. P. Murphy, C/O

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Blakemanship, Sgt. Moyers, C/O Hollingworth, CDW J. Negrete, Capt. M. Bryant,

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CSR J. Short, C/O Dornan, C/O J. Cable, C/O B. Long, C/O K. Cannon, C/O Citch,

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and C/O Syner will be dismissed without prejudice pursuant to Rule 4(m) of the

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Federal Rules of Civil Procedure.

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IT IS SO ORDERED.

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DATED: 5/18/12

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LUCY H. KOH
United States District Judge

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Order Directing Plaintiff to Provide Court Info for Unserved Defs
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