Brady K. Armstrong v. Yates et al

Filing 38

ORDER Granting Motion for Extension of Time to Serve Defendant S. Dishman 33 , 35 ; ORDER Disregarding Motion for Assistance with Plaintiff's Service of Defendant S. Dishman 36 , signed by Magistrate Judge Dennis L. Beck on 3/16/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BRADY K. ARMSTRONG,

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Plaintiff,

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1:10-cv-02380-LJO-DLB PC
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO SERVE
DEFENDANT S. DISHMAN (DOC. 33, 35)

v.
JAMES A. YATES, et al.,

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ORDER DISREGARDING MOTION FOR
ASSISTANCE WITH PLAINTIFF’S
SERVICE OF DEFENDANT S. DISHMAN
(DOC. 36)

Defendants.

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Plaintiff Brady K. Armstrong (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

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against Defendant S. Dishman for deliberate indifference in violation of the Eighth Amendment.

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On December 1, 2011, the Court directed the United States Marshals Service to serve process on

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Defendant S. Dishman. On December 30, 2011, the United States Marshal returned the

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summons unexecuted. Doc. 31. On January 5, 2012, the Court issued an order to show cause

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why this action should not be dismissed for failure to effect service of process. Doc. 32.

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Pending before the Court is: 1) Plaintiff’s motion for extension of time to serve

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Defendant Dishman, filed January 25, 2012, 2) Plaintiff’s motion for extension of time to

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provide the Court with evidence and serve Defendant Dishman, filed February 16, 2012, and 3)

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Plaintiff’s motion for the Court to intervene and assist Plaintiff with service, filed February 21,

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2012.
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Plaintiff seeks to re-attempt service on Defendant S. Dishman. Plaintiff contends that the

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prison litigation coordinator at Pleasant Valley State Prison, where Defendant Dishman was

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allegedly employed at the time of the incident in this action, failed to provide Defendant’s last

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known address or new place of employment. Plaintiff filed his requests to the litigation

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coordinator. Plaintiff also filed a response by the litigation coordinator to Plaintiff’s request.

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Pl.’s Mot., Ex. A, Doc. 36. The litigation coordinator declined to provide Plaintiff with

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Defendant Dishman’s home address because it was confidential. The litigation coordinator

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stated that Defendant Dishman is not currently employed at the prison, and the prison does not

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maintain forwarding information on previous employees.

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The United States Marshal returned the USM-285 form with the unexecuted summons.

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As it appears that the United States Marshal did not seek assistance from the Litigation Office at

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CDCR, the Court will order the Marshal to re-attempt service by separate order. Plaintiff will be

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granted additional time for service of process. Plaintiff’s motion for the Court to intervene will

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be disregarded.

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Accordingly, it is HEREBY ORDERED that:

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1.

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filed January 25, 2012 and February 16, 2012, are granted as stated herein; and
2.

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Plaintiff’s motions for extension of time to serve process on Defendant Dishman,

Plaintiff’s motion for the Court’s intervention, filed February 21, 2012, is
disregarded.

IT IS SO ORDERED.
Dated:
3b142a

March 16, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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