ORDER TO SHOW CAUSE WHY DEFENDANT P. DICKEY SHOULD NOT BE DISMISSED FROM THIS ACTION FOR FAILURE TO PROVIDE SUFFICIENT INFORMATION TO EFFECTUATE SERVICE (ECF No. 31)
BARBARA A. McAULIFFE, Magistrate Judge.
Plaintiff Anthony Tyrone Campbell, Sr., is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Following remand from the Ninth Circuit Court of Appeals, this action proceeds on Plaintiff's second amended complaint for a violation of Plaintiff's right to equal protection against Correctional Officer P. Dickey. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.
II. Service by the United States Marshall
On May 10, 2017, following the issuance of the mandate from the Ninth Circuit Court of Appeals, this Court issued an order directing the United States Marshal to initiate service of process in this action upon Defendant Dickey. (ECF No. 30.)
On May 15, 2017, the United States Marshal filed a return of service unexecuted as to Defendant Dickey. (ECF No. 31). The USM-285 form states that the Marshall contacted the litigation coordinator at California Correctional Institution, Tehachapi, where Plaintiff indicated Defendant Dickey could be served. The litigation coordinator reported that they do not have an employee by that name, and the personnel department verified that they have no record of a "P. Dickey." (
A. Legal Standards
Federal Rule of Civil Procedure 4(m) provides as follows:
Where a pro se plaintiff fails to provide the Marshal with accurate and sufficient information to effect service of the summons and complaint, the Court's sua sponte dismissal of the unserved defendant is appropriate.
In this case, Plaintiff has not provided accurate and sufficient information to identify Defendant Dickey and to locate this defendant for service of process. If Plaintiff is unable to provide the Marshal with the necessary information, this action shall be dismissed, without prejudice. Under Rule 4(m), the court will provide Plaintiff with the opportunity to show cause why Defendant Dickey should not be dismissed from the action at this time.
III. Conclusion and Order
Based on the foregoing, it is HEREBY ORDERED that:
IT IS SO ORDERED.