Bulandr v. Robertson
- Beth Freeman
- 5:19-cv-07942
- U.S. District Court · Northern District of California
- 2
In Bulandr v. Robertson, Judge Freeman ordered more information to serve Officer Galarza, warning the claim could otherwise be dismissed without prejudice.
Ian Anthony Bulandr and Officer Galarza; Bulandr was required to provide information to facilitate service, and the claim against Galarza was at risk of dismissal without prejudice.
What happened
Ian Anthony Bulandr sued Jim Robertson and other prison personnel under a civil-rights law. The court had found that his complaint stated a possible religious-freedom claim, but Officer Galarza could not be located or served.
The court gave Bulandr 28 days to provide information that would help the court marshal serve Galarza. The court warned that, without the requested information or a showing of good cause, Bulandr’s claim against Galarza could be dismissed without prejudice.
In Bulandr v. Robertson, Judge Beth Labson Freeman ordered Bulandr to file the requested notice; the order did not dismiss the claim.
The detailed version
- Bulandr v. Robertson · No. 5:19-cv-07942
- Beth Freeman
- Sept. 4, 2020
Background
Ian Anthony Bulandr, a state prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against personnel at Pelican Bay State Prison. After an initial review, the court found that the complaint stated a legally recognizable claim under the Free Exercise Clause. The Clerk mailed lawsuit notices and requests to waive formal service to several defendants, including Officer Galarza.
The California Attorney General’s Office informed the court that it did not represent Officer Galarza. It also reported that the prison had no record of an employee named Galarza and no address for that person.
Order
The court explained that an incarcerated plaintiff proceeding without paying filing fees may rely on service by the court marshal, but must still request service and try to correct apparent problems. Because the case had been pending for more than 90 days, the court stated that, absent good cause, the claim against Officer Galarza was subject to dismissal without prejudice under Federal Rule of Civil Procedure 4(m).
The court ordered Bulandr to file a notice providing more information about Officer Galarza so that the marshal could complete service. The court gave Bulandr 28 days from the filing date of the order to provide that information. If he failed to do so, the court stated that his claim against Officer Galarza would be dismissed without prejudice. The order itself did not dismiss the claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.