Florer v. Kenney et al

Filing 45

ORDER directing submission of service address for unserved defendant; Plaintiff is directed to provide the court with a new address and appropriate service forms on or before 4/29/11, or the court will recommend dismissal for failure to prosecute as to any unserved defendants. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Plaintiff w/attachments)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 1 following defendants have been returned unexecuted: 1. 2. G. Fletcher, returned "not employed at this address." ECF No. 12. T. Cristman, marked "return as not deliverable as addressed/unable to forward ­ KENNEY, L.L. FIGUEROA, R. TREVINO, K. RENNINGER, D. GRIFFITH, D. DELP, K. MOORE, J. EDWARDS, K. KING, P. RIMA, S. HAMMOND, KELLOGG, HALLSTEAD, F.J. SMITH, I. HERTZ, K. DOTSON, M. HOUSEMAN, E. SUITER, J. RYAN, T. CRISTMAN, J. BUCHAN, G. FLETCHER, J. LOPIN, G. SILVER, J. SHUEY, M. HERDENER, P. SAARI, and C. JOHNSON, Defendants. This is a civil rights action brought pursuant to 42 U.S.C. § 1983. On January 20, 2011, Plaintiff was granted leave to proceed with this action in forma pauperis and the court directed service of Plaintiff's complaint on the named defendants. ECF Nos. 4 and 6. A review of the docket reflects that the waiver and return of service forms directed to the ORDER DIRECTING SUBMISSION OF SERVICE ADDRESS FOR UNSERVED DEFENDANT DENNIS FLORER, Plaintiff, v. No. C11-5047 RJB/KLS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

not here." ECF No. 30.

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The service package for G. Fletcher was re-sent by the Clerk on February 28, 2010 to the Stafford Creek Correction Center. The waiver and return of service form has not yet been returned. However, the Court has no alternative address for T. Cristman and cannot make another attempt to complete service. Because service cannot be effected, personal jurisdiction over T. Cristman does not exist in this case and the court has no authority over him at this time.

6 7 8 9 10 11 12 13 2011, or the Court will recommend dismissal for failure to prosecute as to any unserved 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2 DATED this 31st day of March, 2011. defendants. However, if Plaintiff provides the court with current addresses for this defendant, along with properly completed summons and a copy of the complaint, the court can direct that service be again attempted. Accordingly, it is ORDERED that the Clerk shall send a copy of this Order, the return of service form (ECF No. 30) and appropriate service forms to the Plaintiff. Plaintiff is directed to provide the court with a new address and appropriate service forms on or before April 29,

A

Karen L. Strombom United States Magistrate Judge