Abercrombie v. Corcoran State Prison et al
Filing
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ORDER for Plaintiff to Provide Further Evidence of Defendant Kaut's Current Address, or Case Will be Dismissed, signed by Magistrate Judge Gary S. Austin on 3/21/2014. Thirty Day Deadline. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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1:11-cv-00048-GSA-PC
RICHARD ABERCROMBIE,
ORDER FOR PLAINTIFF TO PROVIDE
FURTHER EVIDENCE OF DEFENDANT
KAUT’S CURRENT ADDRESS, OR CASE
WILL BE DISMISSED
(Doc. 22.)
vs.
DR. KAUT, et al.,
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Defendants.
THIRTY DAY DEADLINE
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I.
RELEVANT PROCEDURAL HISTORY
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Richard Abercrombie (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint
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commencing this action on January 11, 2011. (Doc. 1.) On January 27, 2011, Plaintiff
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consented to the jurisdiction of a Magistrate Judge under 28 U.S.C. § 636(c), and no other
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parties have appeared in this action. (Doc. 5.) Therefore, pursuant to Appendix A(k)(4) of the
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Local Rules of the Eastern District of California, the undersigned shall conduct any and all
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proceedings in the case until such time as reassignment to a District Judge is required. Local
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Rule Appendix A(k)(3).
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This action now proceeds on Plaintiff's initial Complaint filed on January 11, 2011,
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against sole defendant Dr. Richard M. Kaut (ADefendant@), for denial of medical care in
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violation of the Eighth Amendment. (Doc. 1.)
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On January 13, 2012, and again on May 31, 2013, the Court issued orders directing the
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Marshal to initiate service of process upon Defendant Kaut using addresses provided by
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Plaintiff. (Docs. 13, 20.) The Marshal attempted service at a P.O. Box and three different
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street addresses and was unable to locate the Defendant. (Docs. 15, 22.)
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On February 27, 2014, the court issued an order for Plaintiff to show cause why this
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case should not be dismissed for failure to effect service upon Defendant Kaut. (Doc. 23.) On
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March 17, 2014, Plaintiff filed a response to the order to show cause. (Doc. 24.) Plaintiff
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asserts that he “found information through Google of Dr. Richard Kaut, which is current as of
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02/03/14 . . . show[ing] two new addresses and a place of business at Susanville emergency
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medicine.” (Id. at 1.) Plaintiff attached six pages of exhibits which appear to be copies printed
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from Google websites, showing identification information for Dr. Richard Kaut, including
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multiple addresses. (Exhs., Doc. 24 at 2-7.)
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II.
DISCUSSION
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Plaintiff may not simply submit all the documentation he finds on the Internet in
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response to a name search and expect the court to find Defendant’s most current addresses.
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Plaintiff asserts that he found “two new addresses” but does not specify which two addresses.
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(Doc. 24 at 1.) Plaintiff’s documentation shows multiple addresses for Dr. Richard Kaut in
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Nevada, Maine, California, and Oregon.
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Moreover, Plaintiff may not expect the Marshal to attempt service at new addresses
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without any assurance of reliability. Plaintiff asserts that the addresses are “current as of
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02/03/2014.” (Id.) However, the fact that an address was found pursuant to an Internet search
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conducted on 02/03/2014 is not evidence that the address is current as of that date. The court
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also notes that Plaintiff’s documentation shows multiple professional license numbers for Dr.
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Richard Kaut. Thus, there is no assurance that Plaintiff’s documentation even pertains to the
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same Dr. Richard Kaut who is the Defendant in this action. Plaintiff has not shown cause why
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defendant Kaut should not be dismissed from this action for failure to serve process.
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Plaintiff shall be afforded another opportunity to provide a current address for defendant
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Kaut, within thirty days of the date of service of this order. Plaintiff is advised that the court
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will not direct the Marshal to make a third attempt to serve defendant Kaut unless Plaintiff
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informs the court of specific new address(es) for Richard Kaut, with some assurance that the
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address(es) are current, reliable, and belong to the Defendant in this action.
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III.
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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that:
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Plaintiff’s response filed on March 17, 2014 does not sufficiently show cause
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why defendant Richard Kaut should not be dismissed from this action for failure
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to effect service;
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2.
Plaintiff is granted another opportunity to provide a current address for
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defendant Kaut, within thirty days of the date of service of this order, as
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instructed by this order; and
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3.
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If Plaintiff fails to comply with this order, defendant Kaut shall be dismissed
from this action, dismissing this case in its entirety.
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IT IS SO ORDERED.
Dated:
March 21, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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