Carter v. Zuber

W.D. Washington

Carter v. Zuber

DecidedMarch 17, 2021

Docket3:20-cv-05166

StatusUnknown

This text of Carter v. Zuber (Carter v. Zuber) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carter v. Zuber, (W.D. Wash. 2021).

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 LONNIE RAY CARTER, CASE NO. 3:20-cv-05166-RJB-JRC 11 Plaintiff, ORDER DIRECTING 12 v. SUBMISSION OF SERVICE INFORMATION FOR UNSERVED 13 ASHLEY A. ZUBER, et al., DEFENDANT 14 Defendants. 15 16 This civil rights matter has been referred to the undersigned Magistrate Judge pursuant to 17 28 U.S.C. § 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1, MJR 3, and MJR 4. 18 See Am. Gen. Order No. 02-19. 19 Plaintiff, proceeding pro se and in forma pauperis (“IFP”), initiated this matter on 20 February 24, 2020. See Dkt. 1. On January 25, 2021, the Court directed service of plaintiff’s 21 complaint only as to his claims under the Eighth Amendment. See Dkt. 26; see also Dkts. 22, 25 22 (dismissing all other claims against defendants). Defendant Zuber has entered an appearance and 23 filed a waiver of service through counsel. See Dkts. 28, 29. However, defendant “S. Roddey” 24 1 has made no appearance in this matter. Defendant Zuber’s counsel has filed a notice stating that 2 the Department of Corrections has been unable to identify any employee named S. Roddey and 3 that no other individual by this name has been located or identified as a State of Washington 4 employee. See Dkt. 30. As a result, defendant Roddey has not been served in this matter and is

5 not subject to the Court’s jurisdiction. 6 Although the Court has directed service of the summons and complaint, plaintiff still 7 bears the burden of providing accurate and sufficient information to effect service. See Walker v. 8 Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994), overruled on other grounds by Sandin v. Conner, 9 515 U.S. 472 (1995); see also Fed. R. Civ. P. 4. When an IFP plaintiff fails to provide the Court 10 with accurate and sufficient information to effect service of the summons and complaint, it is 11 appropriate for the Court to sua sponte dismiss the unserved defendant. See Walker, 14 F.3d at 12 1421–22. 13 Accordingly, plaintiff is directed to provide the complete name, address, and any other 14 identifying information for defendant Roddey so that the Court can effect service. This

15 information must be provided to the Court on or before Friday, April 16, 2021, or the Court 16 may recommend dismissal of defendant Roddey from this action without prejudice. 17 Dated this 17th day of March, 2021. 18

19 A 20 J. Richard Creatura 21 United States Magistrate Judge

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 LONNIE RAY CARTER, CASE NO. 3:20-cv-05166-RJB-JRC 11 Plaintiff, ORDER DIRECTING 12 v. SUBMISSION OF SERVICE INFORMATION FOR UNSERVED 13 ASHLEY A. ZUBER, et al., DEFENDANT 14 Defendants. 15 16 This civil rights matter has been referred to the undersigned Magistrate Judge pursuant to 17 28 U.S.C. § 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1, MJR 3, and MJR 4. 18 See Am. Gen. Order No. 02-19. 19 Plaintiff, proceeding pro se and in forma pauperis (“IFP”), initiated this matter on 20 February 24, 2020. See Dkt. 1. On January 25, 2021, the Court directed service of plaintiff’s 21 complaint only as to his claims under the Eighth Amendment. See Dkt. 26; see also Dkts. 22, 25 22 (dismissing all other claims against defendants). Defendant Zuber has entered an appearance and 23 filed a waiver of service through counsel. See Dkts. 28, 29. However, defendant “S. Roddey” 24 1 has made no appearance in this matter. Defendant Zuber’s counsel has filed a notice stating that 2 the Department of Corrections has been unable to identify any employee named S. Roddey and 3 that no other individual by this name has been located or identified as a State of Washington 4 employee. See Dkt. 30. As a result, defendant Roddey has not been served in this matter and is

5 not subject to the Court’s jurisdiction. 6 Although the Court has directed service of the summons and complaint, plaintiff still 7 bears the burden of providing accurate and sufficient information to effect service. See Walker v. 8 Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994), overruled on other grounds by Sandin v. Conner, 9 515 U.S. 472 (1995); see also Fed. R. Civ. P. 4. When an IFP plaintiff fails to provide the Court 10 with accurate and sufficient information to effect service of the summons and complaint, it is 11 appropriate for the Court to sua sponte dismiss the unserved defendant. See Walker, 14 F.3d at 12 1421–22. 13 Accordingly, plaintiff is directed to provide the complete name, address, and any other 14 identifying information for defendant Roddey so that the Court can effect service. This

15 information must be provided to the Court on or before Friday, April 16, 2021, or the Court 16 may recommend dismissal of defendant Roddey from this action without prejudice. 17 Dated this 17th day of March, 2021. 18

19 A 20 J. Richard Creatura 21 United States Magistrate Judge

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