Nyland v. Calaveras County Sheriff's Jail

Filing 42

ORDER Clarifying Defendants and Claims Remaining in This Case signed by Magistrate Judge Gary S. Austin on 9/8/2017. Name of defendant "C/O Keith Vincent Mattos" changed to the correct name "C/O Mattos". (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JON L. NYLAND, 12 Plaintiff, 13 14 15 vs. 1:15-cv-00886-GSA-PC ORDER CLARIFYING DEFENDANTS AND CLAIMS REMAINING IN THIS CASE CALAVERAS COUNTY SHERIFF’S JAIL, et al., Defendants. 16 17 18 19 I. BACKGROUND 20 Jon L. Nyland (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 21 with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 11, 22 2015. (ECF No. 1.) On July 17, 2015, the court dismissed the Complaint for failure to state a 23 claim, with leave to amend. (ECF No. 13.) On July 24, 2015, Plaintiff filed the First Amended 24 Complaint. (ECF No. 16.) 25 In the First Amended Complaint, Plaintiff named six defendants, (1) Nurse Joy Lynch, 26 (2) Doctor McKay, (3) Correctional Officer Keith Vincent, (4) Correctional Officer Mattos, (5) 27 Correctional Officer Manning, and (6) Sergeant John Bailey. 28 dismissed the case in its entirety, with prejudice, and entered judgment. (ECF Nos. 24, 25.) 1 On June 16, 2016, the court 1 On July 5, 2016, Plaintiff filed a notice of appeal. (ECF No. 26.) On April 24, 2017, 2 the Ninth Circuit affirmed in part, reversed in part, and vacated in part the judgment, and 3 remanded the case to the district court for further proceedings. (ECF No. 31.) “In sum, [the 4 Ninth Circuit] reverse[d] the dismissal of [Plaintiff]’s First Amendment retaliation and due 5 process claims as to defendant Bailey; vacate[d] the dismissal of [Plaintiff]’s claims of 6 improper legal mail interference as to defendants Mattos and Manning; and remand[ed] the 7 case for further proceedings.” (Id. at 6.) This court reopened the case for further proceedings 8 against defendants Bailey, Mattos, and Manning. 9 II. DEFENDANTS BAILEY, MATTOS, AND MANNING 10 On June 15, 2017, pursuant to the Ninth Circuit’s order, the court forwarded service 11 documents to Plaintiff for completion and return, (ECF No. 33), and on July 5, 2017, the court 12 issued an order directing the United States Marshal (Marshal) to serve the three defendants, 13 Bailey, Mattos, and Manning (ECF No. 35). 14 However, the court incorrectly used the name “C/O Keith Vincent Mattos” for 15 defendant “C/O Mattos” in the June 15, 2017, and July 5, 2017, orders. (ECF Nos. 33, 35.) It 16 appears that the court inadvertently combined the names of two of the defendants from the First 17 Amended Complaint -- C/O Keith Vincent and C/O Mattos -- and erroneously named as 18 defendant “C/O Keith Vincent Mattos.” 19 Despite the court’s error, Plaintiff submitted service documents to the court appropriate 20 for service using the three defendants’ correct names, (1) Sergeant John Bailey, (2) C/O 21 Mattos, and (3) C/O Manning, and on August 4, 2017 and August 14, 2017, the Marshal 22 returned Waivers of Service signed by the three defendants. (See ECF Nos. 36, 37.) The 23 Waiver of Service for defendant C/O Mattos was dated July 28, 2017, and signed by “Talya 24 Mattos.” (ECF No. 36 at 1.) Based upon this record, the court finds that this case now 25 proceeds against defendant Sergeant John Bailey for retaliation and due process claims, and 26 against defendants C/O Mattos and C/O Manning for improper legal mail interference. 27 28 The court shall direct the Clerk to correctly reflect defendant Mattos’ name on the court’s docket. 2 1 III. CONCLUSION 2 Based on the foregoing, IT IS HEREBY ORDERED that: 3 1. This case now proceeds against defendant Sergeant John Bailey for retaliation 4 and due process claims, and against defendants C/O Mattos and C/O Manning 5 for improper legal mail interference; and 6 2. The Clerk is directed to correctly reflect the name of defendant Mattos on the 7 court’s docket, replacing the incorrect name “C/O Keith Vincent Mattos” with 8 the correct name “C/O Mattos.” 9 10 11 12 IT IS SO ORDERED. Dated: September 8, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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