From Casetext: Smarter Legal Research

Weaver v. Novencido

United States District Court, E.D. California
Feb 6, 2006
No. CIV S-05-0449 RRB CMK P (E.D. Cal. Feb. 6, 2006)

Opinion

No. CIV S-05-0449 RRB CMK P.

February 6, 2006


ORDER


Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983.

On September 7, 2005, the court ordered the United States Marshal to serve the complaint on defendants. Process directed to defendant R. Gile was returned unserved because "defendant has retired and unable to locate." Plaintiff must provide additional information to serve this defendant. Plaintiff shall promptly seek such information through discovery, the California Public Records Act, Calif. Gov't. Code § 6250, et seq., or other means available to plaintiff. If access to the required information is denied or unreasonably delayed, plaintiff may seek judicial intervention. Once additional information sufficient to effect service is obtained, plaintiff shall notify the court whereupon plaintiff will be forwarded the forms necessary for service by the U.S. Marshal. Plaintiff is cautioned that failure to effect service may result in the dismissal of unserved defendants. See Fed.R.Civ.P. 4(m).

Accordingly, IT IS HEREBY ORDERED that plaintiff shall promptly seek additional information sufficient to effect service on any unserved defendants and notify the court once such information is ascertained.


Summaries of

Weaver v. Novencido

United States District Court, E.D. California
Feb 6, 2006
No. CIV S-05-0449 RRB CMK P (E.D. Cal. Feb. 6, 2006)
Case details for

Weaver v. Novencido

Case Details

Full title:WILLIE WEAVER, Plaintiff, v. NOVENCIDO, et al., Defendants

Court:United States District Court, E.D. California

Date published: Feb 6, 2006

Citations

No. CIV S-05-0449 RRB CMK P (E.D. Cal. Feb. 6, 2006)