Gonzalez v. Akhavan, et al.

Summary

The United States District Court for the Eastern District of California ordered Plaintiff Jaime Cesar Gonzalez to show cause why Defendant Martinez should not be dismissed without prejudice for failure to provide sufficient information to effect service. The court allowed thirty days for Plaintiff to provide additional locating information and warned that failure to respond or show cause would result in dismissal under Federal Rule of Civil Procedure 4(m).

Holdings

1. When an incarcerated pro se plaintiff proceeding in forma pauperis fails to provide accurate and sufficient information necessary for the United States Marshal to locate and serve a defendant, dismissal of that unserved defendant without prejudice under Federal Rule of Civil Procedure 4(m) is appropriate, subject to notice and an opportunity to provide additional information.

Questions Presented

1. Whether the court should require Plaintiff to show cause under Federal Rule of Civil Procedure 4(m) why Defendant Martinez should not be dismissed without prejudice after unsuccessful service.
2. Whether an incarcerated pro se plaintiff proceeding in forma pauperis provided sufficient information to permit the United States Marshal to locate and serve Defendant Martinez.

Disposition

other