Dunbar v. Dahlberg

Background

This order addresses service of process in Eddie Dunbar’s action. Service on Defendant Correctional Officer Avalla had been unsuccessful because the California Department of Corrections and Rehabilitation reported that it was unable to identify Avalla.

Dunbar was proceeding without paying filing fees. The court explained that he was responsible for giving the court current addresses or other information needed to accomplish service, even if he relied on the United States Marshal or requested a waiver of service. The court also stated that a plaintiff cannot remain silent after learning that service has failed and must attempt to correct known problems.

Order

Under Federal Rule of Civil Procedure 4(m), a complaint generally must be served within 90 days after filing. If service is not completed, the claims against the unserved defendant may be dismissed without prejudice unless there is good cause.

The court directed Dunbar, no later than 28 days from the date of the order, to provide information necessary to locate Avalla, including Avalla’s full name, a first initial, and/or an address. The court referred Dunbar to the federal discovery rules, Rules 26 through 37, for guidance on obtaining the information.

If Dunbar failed to provide the required information within 28 days, the court stated that all claims against Avalla would be dismissed without prejudice under Rule 4(m). If Dunbar provided the information, service would be attempted again. If service failed a second time, all claims against Avalla would be dismissed.

Effect of the Order

The order concerned service of process and did not decide the merits of Dunbar’s claims. It set a deadline and warned of possible dismissal of the claims against Avalla. Judge Araceli Martinez-Olguin signed the order.