Schrubb v. Lopez et al
Filing
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ORDER INSTRUCTING CLERK TO ISSUE SUBPOENAS; EXTENDING TIME FOR PLAINTIFF TO SERVE DEFENDANTS OR PROVIDE COURT WITH LOCATION INFORMATION FOR UNSERVED DEFENDANTS. Signed by Judge Jeffrey S. White on 08/21/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/21/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN R. SCHRUBB,
Plaintiff,
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vs.
A.S. LOPEZ; M. BRYANT,
Defendants.
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No. C 12-0418 JSW (PR)
ORDER INSTRUCTING CLERK TO
ISSUE SUBPOENAS; EXTENDING
TIME FOR PLAINTIFF TO SERVE
DEFENDANTS OR PROVIDE COURT
WITH LOCATION INFORMATION
FOR UNSERVED DEFENDANTS
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Plaintiff, an California prisoner, filed a pro se civil rights complaint under 42
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U.S.C. 1983 against two officials of Pelican Bay State Prison (“PBSP”). Because the
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Marshal could not serve Defendants at PBSP, where Plaintiff had indicated that they were
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located, Plaintiff was directed to either effect service on Defendants himself or submit to
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the Court sufficient information to identify and locate them such that the Marshal is able
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to effect service upon them. Plaintiff was cautioned that if he did not do so on or before
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August 1, 2012, this case would be dismissed without prejudice pursuant to Rule 4(m) of
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the Federal Rules of Civil Procedure.
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Plaintiff has notified the Court that he has attempted to locate the Defendants.
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Specifically, he has requested this information from the PBSP Warden, the PBSP
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Litigation Coordinator, the State of California Personnel Board, the Secretary of the
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California Department of Corrections and Rehabilitation (“CDCR”), and the Office of
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Legal Affairs Division of the CDCR. The only response he received was from the State
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Personnel Board denying his request. He requests that the Clerk of Court issue subpoenas
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to the PBSP Warden, the CDCR Secretary and the State Personnel Board for information
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as to the whereabouts of Defendants. Good cause appearing, and pursuant to Federal
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Rules of Civil Procedure 34(c) and 45(a)(3), the Clerk of Court shall forthwith issue three
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signed but otherwise blank subpoenas to Plaintiff. Plaintiff shall forthwith complete the
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subpoenas and serve them upon the PBSP Warden, the CDCR Secretary and the State
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Personnel Board in accordance with the requirements of Rule 45.
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Plaintiff will be granted a further extension of time, to and including October 1,
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2012, in which to either provide the Court with Defendants’ current location or serve the
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summons and complaint in this matter upon Defendants himself. As noted previously,
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PBSP officials, including the Warden and the Litigation Coordinator, may not prevent
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Plaintiff from obtaining the information he needs, and to the extent reasonably practicable
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they shall assist him in obtaining it.
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Plaintiff is cautioned that if he fails to comply with this order, or to show cause
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why he cannot, this case will be dismissed without prejudice pursuant to Rule 4(m) of the
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Federal Rules of Civil Procedure. Plaintiff’s failure to properly complete and serve the
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subpoenas in accordance with Rule 45 will not constitute good cause for his failure to
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obtain and provide the Court with the Defendants’ locations in a timely manner.
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IT IS SO ORDERED.
DATED:
08/21/2012
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JEFFREY S. WHITE
United States District Judge
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