Williams v. Wasco State Prison et al

Filing 21

PRE-SERVICE ORDER: 1) Requesting The Limited Appearance Of The Attorney General To Assist In Identifying And Serving Defendants; And 2) Resetting Telephonic Status Conference, signed by Magistrate Judge Michael J. Seng on 9/22/2015. (Status Conference set for 10/8/2015 at 02:00 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng.) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LANCE WILLIAMS,
Plaintiff,

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v.
WASCO STATE PRISON, et al.,
Defendants.

CASE NO. 1:14-cv-01714-MJS (PC)
PRE-SERVICE ORDER:
1) REQUESTING THE LIMITED
APPEARANCE OF THE ATTORNEY
GENERAL TO ASSIST IN
IDENTIFYING AND SERVING
DEFENDANTS; AND
2) RESETTING TELEPHONIC STATUS
CONFERENCE
Date: October 8, 2015
Time: 2:00 p.m., Courtroom 6 (MJS)

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate
judge jurisdiction. (ECF No. 5.) Plaintiff’s complaint contains cognizable claims of
unconstitutional conduct, but Plaintiff is unable to identify the defendants by name.
On May 13, 2015, the Court found that Plaintiff had stated cognizable Eighth
Amendment medical indifference claims against Defendant John Does 1 and 2. (ECF
Nos. 10 & 12.) Because service cannot proceed on defendants whose names are not
known, the Court opened discovery for the limited purpose of identifying Does 1 and 2.

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(ECF Nos. 12 and 18.) Information received in response to the Court’s order (ECF No.

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18) appears to have narrowed the search but not yet definitively identified Does 1 and 2.

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The Court seeks input from the parties as to how to proceed in light of this new, but still

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limited, information. To that end, the Court will schedule a telephonic status hearing.

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(Such a hearing originally was set for September 16, 2015, but no one appeared on

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behalf of CDCR or any potential Defendant.)

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The Court requests the voluntary assistance of the Office of the Attorney General
in addressing the above issue.
Accordingly, it is HEREBY ORDERED that:
1. This matter is set for a telephonic status conference before the Honorable

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Michael J. Seng on October 8, 2015, at 2:00 p.m., in Courtroom 6.

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2. Counsel from the Office of the Attorney General is requested to appear on a

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limited basis at the status conference for the purpose of determining how best

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to proceed with identification and service of defendants in this case;

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3. The Attorney General’s Office is further asked to arrange for the participation

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of Plaintiff in the telephonic status conference and to initiate the telephonic

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conference at: [phone], Access Code: 4446176.

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IT IS SO ORDERED.
Dated:

September 22, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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