O'Keefe v. Cate

Filing 57

ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/12 ORDERING that 55 request for service of additional defendants.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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Plaintiff,

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No. 2: 11-cv-2659 KJM KJN P

vs.

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MATTHEW CATE, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On April 9, 2012, the court ordered the United States Marshal to

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serve the complaint on defendants. Process directed to defendants Chief Psychologist and Chief

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Psychiatrist was returned unserved because “there [was] not enough information” to process the

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requests.

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On May 11, 2012, the court granted plaintiff sixty days to provide additional

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information to serve defendants Chief Psychologist and Chief Psychiatrist. On June 18, 2012,

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plaintiff submitted USM-285 forms containing additional information for service of these

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defendants. Plaintiff identified the Chief Psychiatrist as Karen Higgins. Plaintiff identified the

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Chief Psychologist as Timothy Belavich. On June 26, 2012, the court ordered the United States

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Marshal to again attempt service of these defendants.
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After receiving the June 26, 2012 order, the United States Marshal informed the

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court that plaintiff’s USM-285 form identified the Chief Psychologist as “Director of Mental

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Health Timothy Belavich.” On July 18, 2012, the court issued an order finding that based on the

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information provided by plaintiff, it appeared that there was no person with the title of Chief

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Psychologist. In other words, Director of Mental Health Timothy Belavich was a new defendant.

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The July 18, 2012 order stated that if plaintiff intended to name Director of Mental Health

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Timothy Belavich as a defendant, he must file a motion to amend and proposed amended

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complaint naming Director of Mental Health Timothy Belavich as a defendant. The July 18,

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2012 order dismissed plaintiff’s claim against defendant Chief Psychologist.

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On August 1, 2012, plaintiff filed a letter with the court stating that he has since

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been informed that there are four Chief Psychologists. Plaintiff requests that all Chief

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Psychologists be named as defendants.

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Attached to plaintiff’s August 1, 2012 letter is a letter dated June 13, 2012

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addressed to plaintiff from the Office of Legal Affairs for the California Department of

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Corrections and Rehabilitation. This letter states that it is written in response to plaintiff request

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for the names of the CDCR Chief Psychiatrist and CDCR Chief Psychologist at headquarters in

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Sacramento. The letter states that it has determined that there are five names that are responsive

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to plaintiff’s request: 1) Chief Psychiatrist Karen Higgins; 2) Chief Psychologist of Psychology

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Support Amy Eargle; 3) Chief Psychologist of Northern Regional Administration Steven

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Clavere; 4) Chief Psychologist Southern Regional Administration Randall Norris; and 5) Chief

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Psychologist Central Regional Administration Tia Araminta.

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Plaintiff’s complaint does not identify by either title or name any of the

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psychologists listed above. Plaintiff’s identification of defendant “Chief Psychologist” in the

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complaint does not encompass the persons listed above. If plaintiff intends to name Amy Eargle,

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Steven Clavere, Randall Norris or Tia Araminta as defendants, he must file a motion to amend

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and proposed amended complaint. Moreover, he must set forth allegations as to why each
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individual is an appropriately named defendant.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for service of

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additional defendants, contained in his August 1, 2012 letter, is denied.

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DATED: August 10, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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