Sykes v. Athannasious et al

Filing 42

ORDER signed by Magistrate Judge Kendall J. Newman on 07/15/13 ordering that within 14 days after the filing date of this order, a representative of the Attorney General's Office shall file and serve a statement informing the court and plaintif f of the following: 1)Whether, and whn, Dr. Bick will be concluding his sabbatical and returning to his employment with CDCR, including the facility where he is scheduled to work; and 2)Whether, either pending or upon Dr. Bick's return, the Attorney General will accept service of process on behalf of defendant Dr. Bick. (Plummer, 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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MILTON SYKES,

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Plaintiff,

No. 2:12-cv-2570 KJM KJN P

vs.

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ATHANNASIOUS, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, incarcerated at the California Medical Facility

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(“CMF”), who is 78 years of age. On December 21, 2012, this court directed the United States

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Marshal to serve plaintiff’s complaint on defendants Athannasious, Khaira, Weiland, and Bick.

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All defendants except Bick filed waivers of service, and answered the complaint. (ECF Nos. 29-

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30, 34-5, 37.)

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On January 24, 2013, process directed to defendant Bick was returned unserved,

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with a statement that he “is on sabbatical in Malaysia until August 2013 and is unreachable.”

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(ECF No. 25.) On March 8, 2013, this court appointed Mr. Isaac Fisher to act as pro bono

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counsel for plaintiff, for the purpose, inter alia, of providing additional information to ensure

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service of process on all defendants. (ECF No. 28.) On April 1, 2013, this court specifically

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directed that Mr. Fisher obtain and provide additional information to serve process on defendant
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Bick. (ECF No. 31. ) Following Mr. Fisher’s response, the court again directed the Marshal to

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serve process on defendant Bick. (ECF No. 38.) However, on June 28, 2013, process directed to

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defendant Bick was again returned unserved, with the statement that “[h]e is on sabbatical in

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Malaysia.” (ECF No. 41.)

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Because Dr. Bick appears to be an essential party to this action, the court will

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direct the Office of the Attorney General to determine if, and when, Dr. Bick will be returning to

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his employment with the California Department of Corrections and Rehabilitation (“CDCR”),

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and to identify the facility where he is anticipated to work. In addition, the Attorney General will

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be directed to inform the court whether it will accept service of process on behalf of defendant

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Bick, either pending or upon his return.

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Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED that, within

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fourteen (14) days after the filing date of this order, a representative of the Attorney General’s

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Office shall file and serve a statement informing the court and plaintiff of the following:

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1. Whether, and when, Dr. Bick will be concluding his sabbatical and returning to
his employment with CDCR, including the facility where he is scheduled to work; and

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2. Whether, either pending or upon Dr. Bick’s return, the Attorney General will
accept service of process on behalf of defendant Dr. Bick.

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SO ORDERED.
DATED: July 15, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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/syke2570.bick

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