1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

United States District Court 

Northern District of Californi

a

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

MARVIN GLENN HOLLIS,

Plaintiff, 

v. 

NURSE RISENHOOVER, et al., 

 Defendants. 

Case No. 17-00326 BLF (PR) 

ORDER DIRECTING PLAINTIFF 

TO PROVIDE COURT MORE 

INFORMATION FOR DEFENDANT 

MCCALL; REQUESTING 

FORWARDING ADDRESS FROM 

OFFICE OF LEGAL AFFAIRS 

 

Plaintiff, a California inmate, filed a civil rights complaint pursuant to 42 U.S.C. § 

1983 against medical officials at Pelican Bay State Prison. On July 27, 2018, the Court 

granted Plaintiff’s motion for leave to proceed in forma pauperis and issued an order of 

service on Plaintiff’s cognizable claims. (Docket No. 53.) On August 3, 2018, the Clerk 

mailed Notices of Lawsuit and Request for Waiver of Service of Summons and Waivers of 

Service of Summons to Defendants Nurse Practitioner Risenhoover, Dr. Adams, 

Psychiatrist McCall, and Psy. Technician Aldafe at Pelican Bay State Prison. (Docket 

Nos. 54, 55, 56, and 57). On September 12, 2018, the California Department of 

Corrections and Rehabilitation, (“CDCR”), Office of Legal Affairs filed a letter with the 

Court indicating that Defendant McCall was “not currently employed with the 

Department,” and therefore the Department was “not authorized to receive documents on 
Order Directing Pl. to Provide Court More Info. for Def. McCall 

PRO-SE\BLF\CR.18\00236Hollis_more info 

2 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

United States District Court 

Northern District of Californi

a

behalf of the party.” (Docket No. 60.) No further information was provided. 

 Although a plaintiff who is incarcerated and proceeding in forma pauperis may rely 

on service by the Marshal, such plaintiff “may not remain silent and do nothing to 

effectuate such service”; rather, “[a]t a minimum, a plaintiff should request service upon 

the appropriate defendant and attempt to remedy any apparent defects of which [he] has 

knowledge.” Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). Here, Plaintiff’s 

complaint has been pending for over 90 days, and thus, absent a showing of “good cause,” 

claims against Defendant McCall are subject to dismissal without prejudice. See Fed. R. 

Civ. P. 4(m). Plaintiff must remedy the situation by providing more information regarding 

Defendant McCall’s current whereabouts or face dismissal of his claims against this 

Defendant without prejudice. See Walker v. Sumner, 14 F.3d 1415, 1421-22 (9th Cir. 

1994) (holding prisoner failed to show cause why prison official should not be dismissed 

under Rule 4(m) where prisoner failed to show he had provided Marshal with sufficient 

information to effectuate service). 

For the foregoing reasons, the Court orders Plaintiff to file a notice providing the 

Court with more information regarding the current whereabouts for Defendant 

Psychiatrist McCall such that the Marshal is able to effect service. If Plaintiff fails to 

provide the Court with the information requested within twenty-eight (28) days of the 

date this order is filed, Plaintiff’s claim against Defendant McCall shall be dismissed 

without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. 

In the interest of justice, the Court requests the CDCR, Office of Legal Affairs, 

provide the Court with any available forwarding address for Psychiatrist McCall within 

twenty-eight (28) days of the date this order is filed. Any forwarding address provided to 

the Court shall be confidential. 

The Clerk is directed to send a copy of this order to Plaintiff and to the CDCR 
Order Directing Pl. to Provide Court More Info. for Def. McCall 

PRO-SE\BLF\CR.18\00236Hollis_more info 

3 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

United States District Court 

Northern District of Californi

a

Office of Legal Affairs. 

IT IS SO ORDERED. 

Dated: _____________________ ________________________ 

BETH LABSON FREEMAN 

United States District Judge