MacGregor v. Martin et al
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN A. MACGREGOR,
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Plaintiff,
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v.
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DR. MARTIN, et al.,
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Defendants.
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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
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officials at San Quentin State Prison (“SQSP”), pursuant to 42 U.S.C. § 1983. The court ordered
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service of plaintiff’s civil rights complaint upon defendants. (Docket No. 7.) Notices of lawsuit
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and requests for waiver of service of summons were returned for defendants Nurse Yan and Dr.
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Martin because the defendants were “not at San Quentin.” (Docket Nos. 9 and 10.)
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Accordingly, defendants Nurse Yan and Dr. Martin have 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
Order Directing Plaintiff to Provide Court with more Information
G:\PRO-SE\RMW\CR.13\MacGregor309_moreinfo.wpd
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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).
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Because plaintiff has not provided sufficient information to allow the Marshal to locate
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and serve defendants Nurse Yan and Dr. Martin, plaintiff must remedy the situation or face
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dismissal of his claims against these defendants without prejudice. See Walker v. Sumner, 14
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F.3d 1415, 1421-22 (9th Cir. 1994) (holding prisoner failed to show cause why prison official
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should not 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). Accordingly, plaintiff must provide the court
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with an accurate and current location for defendants Nurse Yan and Dr. Martin such that the
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Marshal is able to effect service.
If plaintiff fails to provide the court with an accurate and current location for these
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defendants within thirty (30) days of the date this order is filed, plaintiff’s claims against these
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defendants will be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of
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Civil Procedure.
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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge
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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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