Dunbar v. Dahlberg ( 2024 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 EDDIE DUNBAR, 8 Case No. 23-cv-00905-AMO (PR) Plaintiff, 9 NOTICE REGARDING INABILITY TO v. SERVE DEFENDANT AVALLA 10 A. DAHLBERG, et al., 11 Defendants. 12 13 This Order addresses issues regarding service in Plaintiff Eddie Dunbar’s above-captioned 14 action. Service has been ineffective on Defendant Correctional Officer Avalla. The Court has 15 been informed that the California Department of Corrections and Rehabilitation was “unable to 16 identify” Defendant Avalla. Dkt. 10. 17 As Dunbar is proceeding in forma pauperis, he is responsible for providing the Court with 18 current addresses for all Defendants so that service can be accomplished. See Walker v. Sumner, 19 14 F.3d 1415, 1422 (9th Cir. 1994); Sellers v. United States, 902 F.2d 598, 603 (7th Cir. 1990). 20 While Dunbar may rely on service by the United States Marshal, or in this case, the procedure for 21 requesting a defendant to waive the service requirement, “a plaintiff may not remain silent and do 22 nothing to effectuate such service.” Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). 23 When advised of a problem accomplishing service, a pro se litigation must “attempt to remedy 24 any apparent defects of which [he] has knowledge.” Id. Pursuant to Federal Rule of Civil 25 Procedure 4(m), if a complaint is not served within 90 days from the filing of the complaint, it 26 may be dismissed without prejudice for failure of service. Fed. R. Civ. P. 4(m) (providing that if 27 service of the summons and complaint is not made upon a defendant in ninety days after the filing 1 showing of “good cause”); see also Walker, 14 F.3d at 1421-22 (prisoner failed to show cause 2 || why prison official should not dismissed under Rule 4(m) because prisoner did not prove that he 3 || provided marshal with sufficient information to serve official). Service has been attempted and 4 has failed with respect to Defendant Avalla. Therefore, the Court directs Dunbar to provide more 5 information as to this Defendant. 6 No later than twenty-eight (28) days from the date of this Order, Dunbar must provide the 7 Court with the required information necessary to locate Defendant Avalla, including the full name, 8 a first initial and/or an address. Dunbar should review the federal discovery rules, Rules 26-37 of 9 the Federal Rules of Civil Procedure, for guidance about how to obtain the required information 10 || necessary to locate this Defendant. 11 If Dunbar fails to provide the Court with the required information necessary to locate 12 || Defendant Avalla within the twenty-eight-day deadline, all claims against this Defendant will be 13 dismissed without prejudice under Rule 4(m). 14 If Dunbar provides the Court with aforementioned required information, service shall again 3 15 be attempted. If service fails a second time, all claims against this Defendant shall be dismissed. a 16 IT IS SO ORDERED. 3 17 |) Dated: May 21, 2024 19 { Nnacek. Mahe ARACELI MARTINEZ-OLGUIN 20 United States District Judge 21 22 23 24 25 26 27 28