Lawson v. Youngblood

Filing 52

ORDER GRANTING MOTION FOR CLARIFICATION 49 ; ORDER STRIKING CORRECTION OFADDRESS AND REQUIRING PLAINTIFF TO USE HIS ADDRESS OF INCARCERATION 50 ORDER signed by Magistrate Judge Michael J. Seng on 10/25/2012. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD ALAN LAWSON,

CASE No. 1:09-cv-00992-LJO-MJS (PC)
ORDER GRANTING MOTION FOR
CLARIFICATION

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Plaintiff,
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vs.

(ECF No. 49)

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ORDER STRIKING CORRECTION OF
ADDRESS AND REQUIRING
PLAINTIFF TO USE HIS ADDRESS OF
INCARCERATION

DONALD YOUNGBLOOD, et al.,

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Defendants.

(ECF No. 50)

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_____________________________/
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I.

PROCEDURAL HISTORY
Plaintiff Richard Alan Lawson is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action filed on June 8, 2009 pursuant to 42 U.S.C. §

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1983. (Compl., ECF No. 1.) Plaintiff consented to Magistrate Judge jurisdiction.

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(Consent to Jurisdiction, ECF No. 5.) Defendants Embrey, Laird and Sawaske

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declined Magistrate Judge jurisdiction. (Decline of Jurisdiction, ECF No. 32.)

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This matter proceeds on Plaintiff’s Second Amended Complaint for inadequate

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medical care under the Eighth Amendment against Defendants Laird, Chang,

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Sawaske, Embrey, and Clemente, and for excessive force under the Eighth

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Amendment against Defendant Laird. (Order on Cognizable Claims, ECF No. 22.)

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Defendants Laird, Sawaske and Embrey filed an Answer on August 1, 2012. (Answer,

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ECF No. 29).
On September 17, 2012, the United States Marshal returned the summons and

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USM-285 forms for Defendants Clemente and Chang, unexecuted. (Summons

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Return, ECF Nos. 38 & 42.) The Marshal attempted to secure a waiver of service and

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then attempted personal service, but was unsuccessful.
On October 22, 2012, Plaintiff filed a Motion for Clarification regarding

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Defendants served and represented. (Mot. Clarification., ECF No. 49.)
On October 22, 2012, Plaintiff filed a Correction of Current Address. (Correction

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of Address, ECF No. 50)
The Motion for Clarification and the Correction of Address are now before the

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Court.

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II.

ANALYSIS

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A.

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Plaintiff seeks instruction as to unserved Defendants Clemente and Chang or

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Clarification of Defendants Served and Represented

alternatively an order that Kern County Counsel respond to this motion.
Subject to certain requirements set forth herein, Plaintiff is entitled to service of

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subpoena by the United States Marshal. 28 U.S.C. 1915(d). The Court and the

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Marshal have a statutory duty to serve process on Plaintiff’s behalf. The response

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given to the Marshal to date by the Kern County Sheriff’s Office is insufficient to allow

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the Court to discharge this duty on the ground that Defendants Clemente and Chang

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cannot be located. 28 U.S.C. 1915(d); Fed. R. Civ. P. 4(c)(3). The Court shall direct

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the Marshal to re-attempt service on Defendants Clemente and Chang by contacting

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Kern County Personnel Division and Kern County Sheriff’s Office Human Resources

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Department requesting assistance in attempting to execute service.
The foregoing is clarification of the status of service and constitutes a grant of

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Plaintiff’s Motion for Clarification (ECF No. 49).

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B.

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A party acting in pro se is required to provide the Court with his or her current

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address. Local Rule 183(b). A non-attorney may not represent or appear for a pro se

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party. Local Rule 183(a). The address of a non-attorney assisting a pro se party may

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Correction of Address

not be used where it is not the pro se party’s current address.
Plaintiff is presently incarcerated at the California Medical Facility in Vacaville,

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CA. He seeks to change his address to that of his non-attorney legal advisor in

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Stevenson Ranch, CA. This is not permissible.
Accordingly, Plaintiff’s Correction of Address (ECF No. 50) shall be stricken,

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and the Court Clerk shall be instructed to show Plaintiff’s current address as his place

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of incarceration at Vacaville, CA.

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III.

ORDER

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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s Motion for Clarification is GRANTED insofar as the Court shall

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direct the Marshal to re-attempt service on Defendants Clemente and

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Chang by contacting Kern County Personnel Division and Kern County

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Sheriff’s Office Human Resources Department requesting assistance in

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attempting to execute service.

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2.

Plaintiff’s Correction of Current Address (ECF No. 50) is stricken and the

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Court Clerk directed to show Plaintiff’s current address as:

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Richard Alan Lawson
#D30022

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California Medical Facility
P.O. Box 2500
Vacaville, CA 95696-2500.

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3.

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The Clerk shall serve this order on Plaintiff at the following addresses:
Richard Lawson
26627 Shakespeare Lane
Stevenson Ranch, CA 91381

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Richard Lawson
CDC# D30022
California Medical Facility
P.O. Box 2500
Vacaville, CA 95696-2500

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IT IS SO ORDERED.

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Dated:
ci4d6

October 25, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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