Carroll v. Stewart et al

Filing 41

ORDER DIRECTING SUBMISSION OF SERVICE ADDRESS FOR UNSERVED DEFENDANTS by November 30, 2015, signed by Judge J Richard Creatura. (MET) cc: plaintiff

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 MICHAEL CARROLL, 11 12 13 14 Plaintiff, v. KELSEY STEWART et al., CASE NO. 3:15-CV-05170-BHS-JRC ORDER DIRECTING SUBMISSION OF SERVICE ADDRESS FOR UNSERVED DEFENDANTS Defendants. 15 16 The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States 17 Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. § 18 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. 19 Plaintiff was granted leave to proceed in forma pauperis (Dkt. 4) and filed a complaint 20 (Dkt. 5). On September 21, 2015, the Court directed service of plaintiff’s amended complaint 21 (Dkt. 31) on the named defendants. Dkt. 34. The Clerk’s Office attempted to locate the proper 22 service addresses for each defendant and mailed them the complaint and waivers of service 23 forms. However, the return of services sent to defendants Charles Mitchell, Nina Jackson, Juan 24 Jose Hernandez, and Rocky, CCO were returned to the Court marked “Not at WCC [Washington ORDER DIRECTING SUBMISSION OF SERVICE ADDRESS FOR UNSERVED DEFENDANTS - 1 1 Corrections Center], and“ ” unknown or“not known. See Dkts. 35, 36, 37, 38. Because service has ” ” 2 not been effected, personal jurisdiction over defendants Mitchell, Jackson, Hernandez, and 3 Rocky, CCO does not exist and the Court has no authority over them at this time. 4 Plaintiff is directed to provide the complete addresses for defendants Mitchell, Jackson, 5 Hernandez, and Rocky, CCO so the Court can again attempt service by mail. These addresses 6 must be provided to the Court on or before November 30, 2015 or the Court will recommend 7 dismissal of this action for failure to prosecute as to the unserved defendants. 8 Dated this 29th day of October, 2015. A 9 10 J. Richard Creatura United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER DIRECTING SUBMISSION OF SERVICE ADDRESS FOR UNSERVED DEFENDANTS - 2

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