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