Williams v. Wasco State Prison et al

Filing 22

PRE-SERVICE ORDER signed by Magistrate Judge Michael J. Seng on 10/8/2015 REQUESTING THE LIMITED APPEARANCE OF THE ATTORNEY GENERAL TO ASSIST IN IDENTIFYING AND SERVING DEFENDANTS AND RESETTING TELEPHONIC STATUS CONFERENCE to 11/12/2015 at 02:00 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LANCE WILLIAMS,

CASE NO. 1:14-cv-01714-MJS (PC)

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Plaintiff,

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

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: November 12, 2015
Time: 2:00 p.m., Courtroom 6 (MJS)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate

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judge jurisdiction. (ECF No. 5.) Plaintiff’s complaint contains cognizable claims of

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unconstitutional conduct, but Plaintiff is unable to identify the defendants by name.

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On May 13, 2015, the Court found that Plaintiff had stated cognizable Eighth

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Amendment medical indifference claims against Defendant John Does 1 and 2. (ECF

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Nos. 10 & 12.) Because service cannot proceed on defendants whose names are not

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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. The Court requests the voluntary assistance of the Office of the

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Attorney General in addressing the above issue.

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To that end, the Court set a telephonic status conference for October 8, 2015.

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(This hearing originally was set for September 16, 2015, but no one appeared on behalf

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of CDCR or any potential Defendant.) Unfortunately, because service was not ordered

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on the Office of the Attorney General, there was no guarantee that an individual from

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that office would appear at the October 8, 2015, hearing. For that reason, the telephonic

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status conference will now be reset for Thursday, November 12, 2015, at 2:00 p.m.

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Accordingly, it is HEREBY ORDERED that:
1. The October 8, 2015, telephonic status conference before the Honorable

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Michael J. Seng is continued to Thursday, November 12, 2015, at 2:00 p.m.
2. The Clerk of Court is directed to serve a copy of this order on:

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a. Supervising Deputy Attorney General Monica Anderson, Office of the

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Attorney General, and

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b. The Litigation Coordinator at California Medical Facility in Vacaville,

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California;

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3. 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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4. 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:

October 8, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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