Andre Leiva v. I. Casanova, et al.

Summary

The United States District Court for the Eastern District of California orders Plaintiff Andre Leiva to show cause why Defendant Y. Mansoup, also identified as Dr. Yasser Mansour, should not be dismissed without prejudice for failure to provide sufficient information for service. The court gives Plaintiff 30 days to provide additional locating information and warns that failure to respond will result in dismissal under Federal Rule of Civil Procedure 4(m).

Holdings

1. A pro se plaintiff is responsible for furnishing accurate and sufficient information needed by the U.S. Marshal to identify and locate a defendant for service; the Marshal and the court are not responsible for independently tracking down a defendant when the information provided is inadequate.
2. Immediate dismissal was not ordered; instead, the court gave Plaintiff thirty days to show cause and provide additional information concerning Mansoup's or Mansour's location, with dismissal without prejudice to follow if Plaintiff failed to respond adequately.

Questions Presented

1. Whether Plaintiff provided accurate and sufficient information for the U.S. Marshal to locate and serve Defendant Mansoup or Mansour.
2. Whether the court should dismiss Defendant Mansoup without prejudice under Federal Rule of Civil Procedure 4(m) for failure to effect service.
3. Whether Plaintiff should be given an opportunity to provide additional information before dismissal.

Disposition

other