Jones v. Fresno District Attorney, et al.

Filing 33

ORDER DIRECTING PLAITIFF TO PROVIDE COURT WITH MORE INFORMATION FOR DEFENDANT HEDGPETH. Signed by Judge Lucy H. Koh on 8/6/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 8/7/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 CHARLES JONES, 12 13 Plaintiff, v. 14 WARDEN HEDGPETH, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) No. C 13-1526 LHK (PR) ORDER DIRECTING PLAINTIFF TO PROVIDE COURT WITH MORE INFORMATION FOR DEFENDANT HEDGPETH Plaintiff, proceeding pro se, filed an amended civil rights complaint pursuant to 42 18 U.S.C. § 1983. On May 2, 2013, the Court ordered service upon the named Defendants. On 19 June 10, 2013, Salinas Valley State Prison (“SVSP”) Litigation Coordinator G. Lopez sent a 20 letter to the Court indicating that Defendant Anthony Hedgpeth was not employed at SVSP. 21 (Docket No. 24.) Accordingly, Defendant Hedgpeth has not been served. 22 Although a plaintiff who is incarcerated and proceeding in forma pauperis may rely on 23 service by the Marshal, such plaintiff “may not remain silent and do nothing to effectuate such 24 service”; rather, “[a]t a minimum, a plaintiff should request service upon the appropriate 25 defendant and attempt to remedy any apparent defects of which [he] has knowledge.” Rochon v. 26 Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). Here, Plaintiff’s complaint has been pending for 27 over 120 days, and thus, absent a showing of “good cause,” is subject to dismissal without 28 prejudice. See Fed. R. Civ. P. 4(m). Order Directing Plaintiff to Provide Court with more Info. for Defendant Hedgpeth G:\PRO-SE\LHK\CR.13\Jones526moreinfo.wpd 1 Because Plaintiff has not provided sufficient information to allow the Marshal to locate 2 and serve Defendant Hedgpeth, Plaintiff must remedy the situation or face dismissal of his 3 claims against this defendant without prejudice. See Walker v. Sumner, 14 F.3d 1415, 1421-22 4 (9th Cir. 1994) (holding prisoner failed to show cause why prison official should not be 5 dismissed under Rule 4(m) where prisoner failed to show he had provided Marshal with 6 sufficient information to effectuate service). Accordingly, Plaintiff must provide the Court with 7 an accurate and current address for Defendant Hedgpeth such that the Marshal is able to effect 8 service. 9 In the interest of justice, the Court requests that the SVSP Litigation Coordinator provide 10 more information about the employment status of Defendant Hedgpeth. The request inquires 11 whether Defendant Hedgpeth was a former employee of SVSP, and if he is currently an 12 employee of the California Department of Corrections and Rehabilitation (“CDCR”). If he is a 13 former employee of SVSP, but still employed with CDCR, the Court requests that the SVSP 14 Litigation Coordinator provide the current employment address for the Defendant. If he is a 15 former employee but no longer employed with CDCR, the Court requests that the SVSP 16 Litigation Coordinator provide a forwarding address, or notice that such information is not 17 available. 18 19 CONCLUSION 1. Plaintiff must file notice and provide the Court with an accurate and current address 20 for Defendant Hedgpeth such that the Marshal is able to effect service. If Plaintiff fails to 21 provide the Court with an accurate and current address for Defendant Hedgpeth within thirty 22 (30) days of the date this order is filed, Plaintiff’s claims against this Defendant will be 23 dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. 24 2. In the interest of justice, the Clerk of the Court shall forward a copy of this order to 25 the Litigation Coordinator at Salinas Valley State Prison, P.O. Box 1020, Soledad, CA 93960, 26 who is requested to provide the current employment status for Defendant Hedgpeth, and any 27 available forwarding address, or notice that such information is not available, within thirty (30) 28 days from the date this order is filed. Order Directing Plaintiff to Provide Court with more Info. for Defendant Hedgpeth 2 G:\PRO-SE\LHK\CR.13\Jones526moreinfo.wpd 1 2 3 IT IS SO ORDERED. DATED: 8/6/13 LUCY H. KOH United States District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Directing Plaintiff to Provide Court More Info. for Def. Hedgpeth 3 G:\PRO-SE\LHK\CR.13\Jones526moreinfo.wpd

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