Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-04832-PJH

Document 14

Filed 07/03/2008

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 v. Sergeant GIBSON and Correctional Officer JOHN DOE #1, Defendants. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
G:\PRO-SE\PJH\CR.07\HISCOX4832.DIS-SRV.wpd

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MICHAEL HISCOX, Plaintiff, No. C 07-4832 PJH (PR) ORDER OF DISMISSAL

United States District Court

11
For the Northern District of California

/ This is a civil rights case filed pro se by a state prisoner. The court ordered service, but the marshal's attempt to serve defendant at the address provided by plaintiff was returned unexecuted. The return carried the explanation: "No individual at San Quentin by name given, unable to serve." The court then granted plaintiff thirty days to "provide a current address at which to serve defendant." In response to the order plaintiff has simply repeated the San Quentin address. It would do no good to again attempt to serve Gibson at the same address. This case therefore is DISMISSED without prejudice for failure to obtain service. See Fed. R.Civ.P. 4(m). IT IS SO ORDERED. Dated: July 3, 2008. PHYLLIS J. HAMILTON United States District Judge