Torrence v. Hseuh et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DEAVON E. TORRENCE,
No. 2:10-cv-1222 KJN P
F. HSEUH, et al.,
Plaintiff is a state prisoner proceeding without counsel. On June 2, 2011,
defendants’ counsel was ordered to show cause why sanctions should not be imposed based on
interference with this court’s orders for service of process. The February 7, 2011 letter
concerning the unexecuted service was signed by B.C. Williams, CCII, Litigation Coordinator at
California Medical Facility (“CMF”). (Dkt. No. 27.) On June 6, 2011, defendants’ counsel
provided a declaration by Jennifer Weaver, litigation coordinator at California Medical Facility
since February 22, 2011, stating that she had not been contacted by the U.S. Marshal’s office
regarding the address of J. Champion. (Dkt. No. 47-2.) Sarah Lee, an Office Technician at
CMF, assigned to assist Ms. Weaver, also provided a declaration stating that she had not been
contacted by the U.S. Marshal’s office. (Dkt. No. 47-3.) Ms. Weaver and Ms. Lee are the only
employees in the CMF litigation office. (Dkt. Nos. 47-2, 47-3.) Counsel for defendants also
provided a declaration stating that counsel alerted Ms. Weaver to the court’s May 26, 2011 order,
informing Ms. Weaver that the U.S. Marshal’s office would be contacting her to obtain J.
Champion’s address. (Dkt. No. 47-1.) Defendants’ counsel provided a copy of the email. (Dkt.
No. 47-1 at 5.) Defendants’ counsel stated that a Special Investigator from the Office of Legal
Affairs was assigned to ascertain defendant Champion’s most current address, and that counsel
would inform the court as soon as the address is provided to the U.S. Marshal.
Subsequently, on June 9, 2011, counsel filed a declaration stating the address for
defendant Champion was provided to the U.S. Marshal, and appended a copy of the confirmation
that the U.S. Marshal’s office received the information. (Dkt. No. 48.)
Therefore, the order to show cause is discharged, and no sanctions are imposed.
The U.S. Marshal is directed to personally serve defendant J. Champion forthwith, in accordance
with this court’s May 26, 2011 order.
Accordingly, IT IS HEREBY ORDERED that:
1. The June 2, 2011 order to show cause is discharged;
2. The U.S. Marshal is directed to personally serve defendant J. Champion
forthwith, in accordance with this court’s May 26, 2011 order; and
3. The Clerk of the Court is directed to serve a copy of this order on the U.S.
DATED: June 22, 2011
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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