Phillips v. Turmezei et al

Filing 44

ORDER Directing Service by USM on Defendant Murphy, signed by District Judge Frederick J. Martone on 08/03/2010. (Documents to be served by US Marshal: First Amended Complaint 19 ; Order 21 , dated 06/22/2009; Order 33 , dated 01/27/2010 and this order(Service must be done within (20) days of the date of this order and Return of Service Deadline: 9/7/2010) (Martin, S) (Copies of the above mentioned documents along with this order forwarded to US Marshal-Sacramento)

(PC) Phillips v. Turmezei et al

Doc. 44

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 vs. Timothy Turmezei, et al., Defendants. Donnie Phillips, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. CV 1-08-1388-FJM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

MDR

In a January 27, 2010 Order (Doc. 33), the Court noted that Plaintiff had returned to the Court a completed Summons and USM-285 for Defendant Murphy, but Defendant Murphy had not waived service, been served, or made an appearance in this case. The Court stated that it would not dismiss Defendant Murphy, even if Defendant Murphy was not served within 120 days, unless (1) Plaintiff did not provide the United States Marshal with information sufficient to permit the United States Marshal to serve Defendant Murphy and (2) Plaintiff failed to promptly rectify any defect in the information provided to the United States Marshal after receiving notice of the defect. On June 14, 2010, the United States Marshal filed a USM-285 (Doc. 39) showing that the summons for Defendant Murphy was returned unexecuted. The United States Marshal indicated that Plaintiff had not provided an address for Defendant Murphy, that the summons had been mailed to the California Department of Corrections and Rehabilitations (CDCR)

Dockets.Justia.com

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Headquarters, and that the United States Marshal had been unable to locate Defendant Murphy through the CDCR Locator. In a June 30, 2010 Order (Doc. 41), the Court stated that the June 14th document provided Plaintiff with notice that he had failed to provide the United States Marshal with sufficient information to effect service on Defendant Murphy. The Court granted Plaintiff an additional 20 days to provide the Court with an accurate and current address for Defendant Murphy sufficient to permit service. On July 9, 2010, Plaintiff filed a "Response to Order for Accurate and Current Addresses for Def. Anthony Murphy" (Doc. 42). In that document, Plaintiff states that he has determined that Defendant Murphy works for the CDCR's Special Gang Investigations Agency. He provides two address for the United States Marshal to use to serve Defendant Murphy, stating that he has been assured that these addresses are "true and correct" for Defendant Murphy. The Court will order the United States Marshal to attempt service on Defendant Murphy. IT IS ORDERED: (1) Within 20 days of the date of filing of this Order, United States Marshal must: (a) personally serve copies of the Summons, the First Amended Complaint

(Doc. 19), the Court's June 22, 2009 Order (Doc. 21), the Court's January 27, 2010 Order (Doc. 33), and this Order upon Defendant Murphy pursuant to Rule 4(e)(2) of the Federal Rules of Civil Procedure, and shall command all necessary assistance from the California Department of Corrections and Rehabilitation (CDCR) to execute this Order. The United States Marshal must maintain the confidentiality of all information provided by the CDCR pursuant to this Order. (b) In attempting to personally serve Defendant Murphy, the

United States Marshal shall use the addresses provided to the Court in Plaintiff's July 9, 2010 Response (Doc. 42):

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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 (2)

Office for Correctional Safety-Rancho Cordova 8880 Sunrise Boulevard, Suite 130 Rancho Cordova, CA 95742 and Office for Correctional Safety-Bay Area 501 Canal Boulevard, Suite H Point Richmond, CA 94804 Within 30 days of the date of filing of this Order, the United States Marshal

must file the return of service indicating either that Defendant Murphy has been served or why the United States Marshal has been unable to locate Defendant Murphy. (3) Defendant Murphy must answer the First Amended Complaint or otherwise

respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. DATED this 3rd day of August, 2010.

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