Cuong Huy Dao v. M. Bravo, et al.

Summary

The United States District Court for the Eastern District of California ordered Plaintiff Cuong Huy Dao to show cause why Defendants A. Gutierrez and M. Lopez should not be dismissed without prejudice for failure to provide sufficient information for service of process. The court gave Plaintiff 60 days to provide identifying information and warned that failure to respond or show cause would result in dismissal under Federal Rule of Civil Procedure 4(m).

Holdings

1. The court must give Plaintiff an opportunity to show cause and provide additional identifying information before dismissing Defendants A. Gutierrez and M. Lopez for failure to effect service.

Questions Presented

1. Whether the court should provide Plaintiff an opportunity to show cause and furnish additional information before dismissing Defendants A. Gutierrez and M. Lopez for failure to effect service under Federal Rule of Civil Procedure 4(m).
2. Whether a pro se prisoner proceeding in forma pauperis must provide the U.S. Marshal with accurate and sufficient information to identify and locate a defendant, and whether dismissal without prejudice is appropriate when the plaintiff fails to do so.

Disposition

other