Ellis v. Washington State Department of Corrections et al

Filing 22

ORDER DIRECTING PLAINTIFF TO PROVIDE ADDRESSES OF UNSERVED DEFENDANT by Judge David W. Christel. This address must be provided to the Court on or before January 19, 2016**2 PAGE(S), PRINT ALL**(Jamal Ellis, Prisoner ID: 882067)(MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMAL J ELLIS,

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Plaintiff,
v.
WASHINGTON STATE
DEPARTMENT OF CORRECTIONS et
al.,

CASE NO. 3:15-CV-05420-BHS-DWC
ORDER DIRECTING PLAINTIFF TO
PROVIDE ADDRESSES OF
UNSERVED DEFENDANT

Defendants.
Plaintiff was granted leave to proceed in forma pauperis (“IFP”) (Dkt. 2) on June 23,

17 2015 and filed his Amended Complaint (Dkt. 7) on September 21, 2015. On October 28, 2015,
18 the Court directed service of Plaintiff’s Amended Complaint on the named Defendants. Dkt. 9.
19 The Clerk’s Office attempted to locate the proper service addresses for each Defendant and
20 mailed the complaint and waiver of service forms. However, a return of service sent to
21 Defendant Barbara Bannen was returned to the Court marked “RTS [return to sender]. Not here.
22 Not in Outlook.” See Dkt. 14.
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While the Court has the duty to serve the summons and complaint, see 28 U.S.C. §

24 1915(d), an IFP plaintiff still bears the burden of providing accurate and sufficient information to
ORDER DIRECTING PLAINTIFF TO PROVIDE
ADDRESSES OF UNSERVED DEFENDANT - 1

1 effect service. See Walker v. Sumner, 14 F.3d 1415 (9th Cir. 1994); see also Fed. R. Civ. P. 4.
2 When an IFP plaintiff fails to provide the court with accurate and sufficient information to effect
3 service of the summons and complaint, it is appropriate for the Court to sua sponte dismiss the
4 unserved defendant. Walker, 14 F.3d at 1421-22 (quoting Puett v. Blanford, 912 F.2d 270, 275
5 (9th Cir. 1990), abrogated on other grounds by Sandin v. Connor, 515 U.S. 472 (1995)).
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Plaintiff is directed to provide the complete address for Defendant Brannen so the Court

7 can again attempt service by mail. This address must be provided to the Court on or before
8 January 19, 2016 or the Court will recommend dismissal of this action for failure to prosecute as
9 to the unserved defendant.
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Dated this 16th day of December, 2015.

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A

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David W. Christel
United States Magistrate Judge

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ORDER DIRECTING PLAINTIFF TO PROVIDE
ADDRESSES OF UNSERVED DEFENDANT - 2