Bernard Brinkley v. Pam Ahlin et al

Filing 28

ORDER DISCHARGING Order to Show Cause 26 , 27 , signed by Magistrate Judge Michael J. Seng on 6/3/13. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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10 BERNARD BRINKLEY,

CASE No. 1:09-cv-01858-MJS (PC)

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ORDER DISCHARGING ORDER TO
SHOW CAUSE

Plaintiff,
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v.

(ECF Nos. 26, 27)

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14 PAM AHLIN, et al.,
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Defendants.
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________________________________/
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Plaintiff Bernard Brinkley is a civil detainee proceeding pro se and in forma
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pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 5.) This action
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proceeds on the Second Amended Complaint against Defendant Joginder Singh, Chief
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Medical Officer, Coalinga State Hospital, for the violation of Plaintiff’s substantive due
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process right to adequate medical care. (ECF No. 19.)
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On October 2, 2012, the Court ordered service upon Defendant Singh by the
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U.S. Marshal, and imposed a service deadline of February 4, 2013. (ECF No. 24.)
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Defendant Singh, however, could not be located despite numerous attempts. The
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Marshal thereupon certified inability to locate this Defendant and returned process
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unexecuted. (ECF No. 25.)
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The Court ordered Plaintiff to show cause why this action should not be
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1 dismissed for failure to provide the U.S. Marshal with information sufficient to effect
2 timely service of the summons and complaint. (ECF No. 26.) Plaintiff timely responded
3 that Defendant Singh is currently employed at the Department of State Hospitals
4 Coalinga facility. (ECF No. 27.)
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Based upon the foregoing, the Order to show cause (ECF No. 26) is hereby

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8 IT IS SO ORDERED.
9 Dated:
ci4d6
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June 3, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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