MacGregor v. Martin et al

Filing 12

ORDER Directing Plaintiff to Provide Court with More Information for Defendants. Signed by Judge Ronald M. Whyte on 10/22/13. (jgS, COURT STAFF) (Filed on 10/23/2013)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 KEVIN A. MACGREGOR, 13 Plaintiff, 14 v. 15 DR. MARTIN, et al., 16 Defendants. 17 18 ) ) ) ) ) ) ) ) ) ) No. C 13-2309 RMW (PR) ORDER DIRECTING PLAINTIFF TO PROVIDE COURT WITH MORE INFORMATION FOR DEFENDANTS Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint against prison 19 officials at San Quentin State Prison (“SQSP”), pursuant to 42 U.S.C. § 1983. The court ordered 20 service of plaintiff’s civil rights complaint upon defendants. (Docket No. 7.) Notices of lawsuit 21 and requests for waiver of service of summons were returned for defendants Nurse Yan and Dr. 22 Martin because the defendants were “not at San Quentin.” (Docket Nos. 9 and 10.) 23 Accordingly, defendants Nurse Yan and Dr. Martin have not been served. 24 Although a plaintiff who is incarcerated and proceeding in forma pauperis may rely on 25 service by the Marshal, such plaintiff “may not remain silent and do nothing to effectuate such 26 service”; rather, “[a]t a minimum, a plaintiff should request service upon the appropriate 27 defendant and attempt to remedy any apparent defects of which [he] has knowledge.” Rochon v. 28 Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). Here, plaintiff’s complaint has been pending for Order Directing Plaintiff to Provide Court with more Information G:\PRO-SE\RMW\CR.13\MacGregor309_moreinfo.wpd 1 over 120 days, and thus, absent a showing of “good cause,” is subject to dismissal without 2 prejudice. See Fed. R. Civ. P. 4(m). 3 Because plaintiff has not provided sufficient information to allow the Marshal to locate 4 and serve defendants Nurse Yan and Dr. Martin, plaintiff must remedy the situation or face 5 dismissal of his claims against these defendants without prejudice. See Walker v. Sumner, 14 6 F.3d 1415, 1421-22 (9th Cir. 1994) (holding prisoner failed to show cause why prison official 7 should not be dismissed under Rule 4(m) where prisoner failed to show he had provided Marshal 8 with sufficient information to effectuate service). Accordingly, plaintiff must provide the court 9 with an accurate and current location for defendants Nurse Yan and Dr. Martin such that the 10 11 Marshal is able to effect service. If plaintiff fails to provide the court with an accurate and current location for these 12 defendants within thirty (30) days of the date this order is filed, plaintiff’s claims against these 13 defendants will be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of 14 Civil Procedure. 15 16 17 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 18 19 20 21 22 23 24 25 26 27 28 Order Directing Plaintiff to Provide Court with more Information G:\PRO-SE\RMW\CR.13\MacGregor309_moreinfo.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA KEVIN ANTHONY MACGREGOR, Case Number: CV13-02309 RMW Plaintiff, CERTIFICATE OF SERVICE v. DOCTOR MARTIN MD et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 23, 2013, 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. Kevin A. MacGregor V-94008 #11-147L California State Prison - Solano PO Box 4000 Vacaville, CA 95696 Dated: October 23, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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