Hines v. Yousseff, et al

Filing 35

ORDER to the Legal Affairs Department of the California Department of Corrections and Rehabilitation to Provide Service Information to the U.S. Marshal Service, signed by Magistrate Judge Jennifer L. Thurston on 2/20/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL HINES,

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Plaintiff,
v.

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ASHRAFE E. YOUSSEF,

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Defendants.

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1: 13-CV-00357-AWI - JLT
ORDER TO THE LEGAL AFFAIRS
DEPARTEMNT OF THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION TO PROVIDE SERVICE
INFORMATION TO THE U.S. MARHSAL
SERVICE

At the scheduling conference, held on February 20, 2014, Plaintiff’s counsel reported that the

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newly added Defendant, M. Aguirre, no long works for the CDCR and, as a result, service efforts

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have failed. Counsel requested the Court issue an order to the CDCR to produce the address of this

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defendant to the U.S. Marshal Service so that that agency can affect service. Defendant’s counsel

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confirmed that absent a court order, the CDCR would not provide the address for this defendant.

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Finally, Plaintiff’s counsel agreed that he will complete the necessary paperwork and make the

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arrangements to obtain the services of the U.S. Marshal for this purpose.

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Therefore, good cause appearing, the Court ORDERS:

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1.

Within 10 days from the date of this order, the Legal Affairs Division of the

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California Department of Correction and Rehabilitation the Marshal Service is directed to provide to

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the U.S. Marshal Service the address for Defendant M. Aguirre for the purpose of notifying the

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defendant of the commencement of this action and to request a waiver of service in accordance with

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the provisions of Federal Rule of Civil Procedure 4(d) and 28 U.S.C. § 566(c). According to the first

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amended complaint, M. Aguirre was employed at Wasco State Prison and was responsible either for

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“providing medical and other healthcare related care and treatment,” for administering the systems

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of providing medical care at Wasco State Prison- Reception Center” or for medically classifying

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“inmates who newly entered the state prison system; part of their function being to recommend

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assignment and assign inmates to appropriate . . .” prisons with the CDCR. (Doc. 27 at 2-3).

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IT IS SO ORDERED.
Dated:

February 20, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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