Troupe v. Swain et al

Filing 21

ORDER DIRECTING PLAINTIFF TO PROVIDE ADDRESS OF UNSERVED DEFENDANTS signed by Judge David W. Christel. **2 PAGE(S), PRINT ALL**(David Troupe, Prisoner ID: 765714)(MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID TROUPE,

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Plaintiff,
v.
WILLIAM SWAIN, et al.,

CASE NO. 3:16-CV-05380-RJB-DWC
ORDER DIRECTING PLAINTIFF TO
PROVIDE ADDRESS OF UNSERVED
DEFENDANT

Defendants.

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The District Court has referred this action filed under 42 U.S.C. § 1983 to United States

17 Magistrate Judge David W. Christel. Plaintiff David Troupe was granted leave to proceed in
18 forma pauperis (“IFP”) on June 3, 2016 and filed his First Amended Complaint on June 6, 2016.
19 Dkt. 6, 10. On June 6, 2016, the Court directed service of Plaintiff’s First Amended Complaint
20 on the named Defendants. Dkt. 11. The Clerk’s Office mailed the Complaint and waiver of
21 service forms to each Defendant. However, the mailings sent to Defendants Lt. Reninger,
22 Antonio Lopez, and RN Judge were returned to the Court stating the three Defendants no longer
23 work at the Department of Corrections. Dkt. 15-17.
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ORDER DIRECTING PLAINTIFF TO PROVIDE
ADDRESS OF UNSERVED DEFENDANT - 1

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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)).
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Plaintiff is directed to provide the complete address for Defendants Reninger, Lopez, and

9 Judge so the Court can again attempt service by mail. The addresses must be provided to the
10 Court on or before July 21, 2016 or the Court will recommend dismissal of Defendants Reninger,
11 Lopez, and Judge from this action for failure to prosecute.
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Dated this 21st day of June, 2016.

A

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David W. Christel
United States Magistrate Judge

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ORDER DIRECTING PLAINTIFF TO PROVIDE
ADDRESS OF UNSERVED DEFENDANT - 2