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Daniel v. Padilla

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 8, 2008

MELVIN DE VAN DANIEL, PLAINTIFF,
v.
B. PADILLA, ET AL., DEFENDANTS.

ORDER

Plaintiff is proceeding pro se with a civil rights complaint. Plaintiff paid the filing fee. On July 21, 2008, plaintiff was directed to file a return of service attesting to service of process on each defendant named in the amended complaint as required by Fed. R. Civ. P. 4. On August 20, 2008, plaintiff sought the appointment of counsel, which this court has denied by separate order. Good cause appearing, plaintiff will be granted one final extension of time in which to accomplish service of process on each defendant.

As noted in this court's August 20, 2008 order, service may be accomplished pursuant to Federal Rule of Civil Procedure 4(d),*fn1 4(e)*fn2 and/or 4(j)(2).*fn3 Once plaintiff has accomplished service of process on defendants pursuant to the Federal Rules, plaintiff must file an affidavit attesting to service of process on each defendant, including the name of the person or entity served, how service was accomplished, and where service of process took place. Fed. R. Civ. P. 4(l).

Plaintiff may choose to hire a process server to accomplish service of process on plaintiff's behalf. An internet search through Google reveals two process servers in the Stockton area:

Legal Copy & Process Service, 343 E. Main Street, #807, Stockton, Cal.; (209) 948-4450; and DLR Litigation Support Services, 242 N. Sutter Street, #507, Stockton, Cal.; (209) 937-0348.

Plaintiff may also find a list in his local yellow pages directory.

Plaintiff is cautioned that failure to timely serve process on a defendant may result in the dismissal of his claims against that defendant in this action. Fed. R. Civ. P. 4(m). Failure to timely accomplish service of process on all defendants may result in the dismissal of this action. Id.

Because it appears that plaintiff has not yet accomplished service of process on defendants, the September 11, 2008 status conference will be continued.

Accordingly, IT IS HEREBY ORDERED that:

1. Within forty-five days from the date of this order, plaintiff shall file a return of service attesting to service of process on each defendant named in the amended complaint as required by Fed. R. Civ. P. 4. Plaintiff shall include a copy of the instant order with the service documents to be served on defendants.

2. The September 11, 2008 status conference is continued to December 11, 2008 at 11:00 a.m. in Courtroom No. 26 before the undersigned.


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