Davis v. Washington State Department of Corrections et al

Filing 45

ORDER to Provide Addresses: Plaintiff is directed to provide the complete names and addresses for Defendants ADA Coordinator, Dale Robertson, D. MacWilliam, John Doe, Secretary, Jane Does 1-10, and John Does 1-15. If Plaintiff is unable to provide the Court with the names and addresses of these Defendants by October 3, 2016, the Court will recommend dismissal of these Defendants from this action for failure to prosecute. Signed by Magistrate Judge David W. Christel. (CMG)cc to Plaintiff

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

KEITH ADAIR DAVIS,

11
12
13
14
15

Plaintiff,

CASE NO. 3:16-CV-05129-BHS-DWC
ORDER TO PROVIDE ADDRESSES

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

16
17

Plaintiff Keith Adair Davis, proceeding pro se and in forma pauperis, filed this civil

18 rights complaint under 42 U.S.C. § 1983. On July 11, 2016, the Court directed service of
19 Plaintiff’s Amended Complaint on the named Defendants. Dkt. 13. The Clerk’s Office mailed
20 the Complaint and waiver of service forms to each Defendant. However, the mailings sent to
21 Defendants ADA Coordinator, Dale Robertson, D MacWilliam, and John Doe, Secretary were
22 returned to the Court as “undeliverable.” Dkt. 14-17. Plaintiff also named Jane Does 1-10 and
23 John Does 1-15 as defendants in this case, but failed to provide any identification of the Doe
24 Defendants which would allow the Court to effect service. See Dkt. 11.

ORDER TO PROVIDE ADDRESSES - 1

1

While the Court has the duty to serve the summons and complaint, see 28 U.S.C. §

2 1915(d), an IFP plaintiff still bears the burden of providing accurate and sufficient information to
3 effect service. See Walker v. Sumner, 14 F.3d 1415 (9th Cir. 1994); see also Fed. R. Civ. P. 4.
4 When an IFP plaintiff fails to provide the Court with accurate and sufficient information to effect
5 service of the summons and complaint, it is appropriate for the Court to sua sponte dismiss the
6 unserved defendant. Walker, 14 F.3d at 1421-22 (quoting Puett v. Blanford, 912 F.2d 270, 275
7 (9th Cir. 1990), abrogated on other grounds by Sandin v. Connor, 515 U.S. 472 (1995)).
8

Plaintiff is directed to provide the complete names and addresses for Defendants ADA

9 Coordinator, Dale Robertson, D. MacWilliam, John Doe, Secretary, Jane Does 1-10, and John
10 Does 1-15. If Plaintiff is unable to provide the Court with the names and addresses of these
11 Defendants by October 3, 2016, the Court will recommend dismissal of these Defendants from
12 this action for failure to prosecute. 1
13

Dated this 1st day of September, 2016.

A

14
15

David W. Christel
United States Magistrate Judge

16
17
18
19
20
21
22
1

The Court notes Defendant Dean Mason failed to file a waiver of service. Defendant Mason, however,

23 filed an Answer and did not raise insufficient service as an affirmative defense. See Dkt. 43. Therefore, the Court
will not direct personal service on Defendant Mason, but requests Defendant Mason or his counsel file a waiver of

24 service to perfect the record.

ORDER TO PROVIDE ADDRESSES - 2