Torrence v. Hseuh et al

Filing 49

ORDER signed by Magistrate Judge Kendall J. Newman on 6/22/11 DISCHARGING 45 Order to Show Cause and DIRECTING the U.S. Marshal to personally serve defendant J. Champion forthwith, in accordance with this court's 5/26/11 order; and DIRECTING the Clerk of Court to serve a copy of this order on the U.S. Marshal. (cc:USM). (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEAVON E. TORRENCE,

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Plaintiff,

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vs.

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No. 2:10-cv-1222 KJN P

F. HSEUH, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel. On June 2, 2011,

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defendants’ counsel was ordered to show cause why sanctions should not be imposed based on

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interference with this court’s orders for service of process. The February 7, 2011 letter

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concerning the unexecuted service was signed by B.C. Williams, CCII, Litigation Coordinator at

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California Medical Facility (“CMF”). (Dkt. No. 27.) On June 6, 2011, defendants’ counsel

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provided a declaration by Jennifer Weaver, litigation coordinator at California Medical Facility

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since February 22, 2011, stating that she had not been contacted by the U.S. Marshal’s office

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regarding the address of J. Champion. (Dkt. No. 47-2.) Sarah Lee, an Office Technician at

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CMF, assigned to assist Ms. Weaver, also provided a declaration stating that she had not been

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contacted by the U.S. Marshal’s office. (Dkt. No. 47-3.) Ms. Weaver and Ms. Lee are the only

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employees in the CMF litigation office. (Dkt. Nos. 47-2, 47-3.) Counsel for defendants also
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provided a declaration stating that counsel alerted Ms. Weaver to the court’s May 26, 2011 order,

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informing Ms. Weaver that the U.S. Marshal’s office would be contacting her to obtain J.

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Champion’s address. (Dkt. No. 47-1.) Defendants’ counsel provided a copy of the email. (Dkt.

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No. 47-1 at 5.) Defendants’ counsel stated that a Special Investigator from the Office of Legal

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Affairs was assigned to ascertain defendant Champion’s most current address, and that counsel

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would inform the court as soon as the address is provided to the U.S. Marshal.

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Subsequently, on June 9, 2011, counsel filed a declaration stating the address for

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defendant Champion was provided to the U.S. Marshal, and appended a copy of the confirmation

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that the U.S. Marshal’s office received the information. (Dkt. No. 48.)

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Therefore, the order to show cause is discharged, and no sanctions are imposed.

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The U.S. Marshal is directed to personally serve defendant J. Champion forthwith, in accordance

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with this court’s May 26, 2011 order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The June 2, 2011 order to show cause is discharged;

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2. The U.S. Marshal is directed to personally serve defendant J. Champion

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forthwith, in accordance with this court’s May 26, 2011 order; and

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3. The Clerk of the Court is directed to serve a copy of this order on the U.S.

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Marshal.

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DATED: June 22, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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torr1222.dsch

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