Huckabee v. Medical Staff at CSATF et al

Filing 151

ORDER Granting Plainitff a Second Extension of Time to Show Cause Why Defendant Jimenez Should not be Dismissed from this Action for Failure to Provide Sufficient Information to Effecuate Service, re 115 , 130 , 142 , 143 , 150 , signed by Magistrate Judge Barbara A. McAuliffe on 06/11/14. Thirty-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY CRAIG HUCKABEE, 12 13 14 Plaintiff, v. MEDICAL STAFF at CSATF, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:09-cv-00749-LJO-BAM PC ORDER GRANTING PLAINTIFF A SECOND EXTENSION OF TIME TO SHOW CAUSE WHY DEFENDANT JIMENEZ SHOULD NOT BE DISMISSED FROM THIS ACTION FOR FAILURE TO PROVIDE SUFFICIENT INFORMATION TO EFFECTUATE SERVICE (ECF No. 115, 130, 142, 143, 150) THIRTY-DAY DEADLINE 18 I. Introduction 19 Plaintiff Anthony Craig Huckabee (“Plaintiff”), a state prisoner proceeding pro se and in forma 20 pauperis, initiated this civil rights action pursuant to 42 U.S.C. § 1983 on April 28, 2009. This action 21 proceeds on Plaintiff’s second amended complaint, filed on August 21, 2012, for deliberate 22 indifference to a serious medical need in violation of the Eighth Amendment against Defendants 23 McGuiness, Wu, Nguyen, Garcia, Jimenez, Jeffreys, Chief Medical Officer at CSATF, and Chief 24 Pharmacist at CSATF. 25 II. Service by the United States Marshal 26 On September 10, 2012, following screening of the second amended complaint, the Court 27 issued an order directing the United States Marshal to initiate service of process in this action upon 28 Defendants Diaz, McGuiness, Wu, Bhatt, Nguyen, Garcia, Jimenez and Jeffreys . (ECF No. 37.) On 1 1 January 17, 2014, the United States Marshal filed a return of service unexecuted as to Defendant 2 Jimenez. (ECF No. 115.) On March 24, 2014, the Court issued an order requiring Plaintiff to show cause why Defendant 3 4 Jimenez should not be dismissed from this action. (ECF No. 130.) On April 3, 2014, Plaintiff filed a 5 response to the show cause order. In his response, Plaintiff details his efforts to obtain an address for 6 serving Defendant Jimenez, RN. The Court found that Plaintiff had been diligent in his efforts to 7 obtain accurate and sufficient information to effect service of the summons and complaint and 8 extended the deadline for Plaintiff to provide information to serve Defendant Jimenez an additional 9 thirty days. (ECF No. 143.) On June 9, 2014, Plaintiff filed a notice detailing his efforts to obtain information for service of 10 11 Defendant Jimenez. Plaintiff reports that he continues to seek information through discovery in this 12 matter and he also has submitted a public records request. Plaintiff requests that this Court withhold 13 from dismissing Defendant Jimenez until Plaintiff receives information from the sources he has 14 contacted. (ECF No. 150.) The Court finds that Plaintiff continues to be diligent in his efforts to obtain information for 15 16 service of Defendant Jimenez. Accordingly, the Court will extend the deadline a second time for 17 Plaintiff to provide information to identify Defendant Jimenez for service. However, if Plaintiff is 18 unable to provide the Marshal with additional information, then Defendant Jimenez shall be dismissed 19 from this action without prejudice. 20 III. 21 Based on the foregoing, it is HEREBY ORDERED that: 22 1. 23 Conclusion and Order Plaintiff is granted a second extension of time to respond to the Court’s order to show cause why Defendant Jimenez should not be dismissed from the action; 2. 24 Within thirty (30) days from the date of service of this order, Plaintiff shall show cause 25 why Defendant Jimenez should not be dismissed from this action; and 26 /// 27 /// 28 2 1 2 3. The failure to respond to this order or the failure to show cause will result in the dismissal of Defendant Jimenez from this action. 3 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara June 11, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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