Richey v. Thaut

Filing 8

ORDER that the Clerk shall send a copy of this Order and the return of service form (ECF No. 7 ) to the Plaintiff. Plaintiff is directed to provide the Court with a new address for Defendant Thaut on or before 11/25/11, or the Court will recommend dismissal for failure to prosecute. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Plaintiff w/enclosure)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 THOMAS WILLIAM SINCLAIR RICHEY, No. C11-5680 RBL/KLS 7 Plaintiff, v. 8 9 DENNIS THAUT, 10 Defendant. 11 12 ORDER DIRECTING SUBMISSION OF SERVICE ADDRESS FOR UNSERVED DEFENDANT This is a civil rights action brought pursuant to 42 U.S.C. § 1983. On September 7, 2011, Plaintiff was granted leave to proceed with this action in forma pauperis and the Court directed 13 service of Plaintiff’s complaint on Defendant Dennis Thaut. ECF Nos. 4 and 6. A review of the 14 15 docket reflects that the waiver and return of service form directed to Defendant Dennis Thaut has 16 been returned unexecuted, marked as “Return to Sender, No Such Person at This Facility). ECF 17 No. 7. 18 19 20 The Court has no alternative address for Dennis Thaut and cannot make another attempt to complete service. Because service cannot be effected, personal jurisdiction over Dennis Thaut does not exist in this case and the Court has no authority over him at this time. However, if 21 22 23 24 25 Plaintiff provides the court with current addresses for this defendant, the Court will direct that service be again attempted. Accordingly, it is ORDERED that the Clerk shall send a copy of this Order and the return of service form (ECF No. 7) to the Plaintiff. Plaintiff is directed to provide the Court with 26 ORDER - 1 1 a new address for Defendant Thaut on or before November 25, 2011, or the Court will 2 recommend dismissal for failure to prosecute. 3 4 DATED this 18th day of October, 2011. 5 A 6 Karen L. Strombom United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2

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