Spears et al v. El Dorado County Sheriff's Department et al

Filing 60

ORDER signed by Magistrate Judge Allison Claire on 10/13/2021 ORDERING, within 14 days, defendant El Dorado County shall provide under seal the last known address of its former employee, defendant Armstrong, a correctional sergeant at the El Dorado County Jail during the relevant period in question, so that a reasonable attempt at service may be made ; and DENYING as moot plaintiff's 58 motion for a ninety-day extension of time to provide additional information about defendant Armstrong for purposes of service of process. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SPEARS,

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No. 2:15-cv-0165 MCE AC P
Plaintiff,

v.

ORDER

BRUCE BENTON, et al.
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief under 42

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U.S.C. § 1983. The matter is before a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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Plaintiff seeks a ninety-day extension of time to submit additional information to the court

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so that defendant Armstrong may be served. See ECF No. 58. For the reasons stated below, the

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court will direct the El Dorado County Jail to provide under seal the last known address of

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defendant Armstrong so that a second service of process attempt may be made.

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On June 28, 2021, the court ordered that several defendants, including correctional

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sergeant Armstrong, be served with plaintiff’s second amended complaint (“SAC”). ECF No. 45.

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Shortly thereafter, on July 15, 2021, the summons for defendant Armstrong was returned to the

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court unexecuted. ECF No. 47. The statement provided by El Dorado County Jail on the process

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receipt indicated that defendant Sergeant Armstrong had left the county’s employment and that
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her whereabouts were unknown. See id. Accordingly, on July 20, 2021, plaintiff was sent a

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USM-284 form and related documents and ordered to return them to the court within sixty days

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with what was presumed would be defendant Armstrong’s updated service information. See ECF

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No. 48.

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On September 14, 2021, counsel for defendant El Dorado County and defendants Garcia

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and Handy filed a motion to dismiss, ECF No. 54, which remains pending. On September 27,

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2021, Dr. Suzanna Kurk, a dentist and the final named defendant in this action, filed an answer to

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the SAC. See ECF No. 57. All named defendants except defendant Armstrong accordingly have

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been served and have responded to the complaint.

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Because plaintiff has been unable thus far to obtain the necessary service information for

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Armstrong, and the record indicates that Armstrong left the El Dorado County Jail’s employment

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“several years ago,” ECF No. 47, it appears unlikely that a 90-day extension of time will enable

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plaintiff to obtain the necessary information without court intervention. In the interests of justice

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and expediency, the court will direct the El Dorado County Jail to provide the last known address

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it has for defendant Armstrong and to do so under seal within fourteen days. Thereafter, the court

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will direct the U.S. Marshal’s Office to attempt to serve defendant Armstrong at the location that

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has been provided.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of the date of this order, defendant El Dorado County shall

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provide under seal the last known address of its former employee, defendant Armstrong, a

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correctional sergeant at the El Dorado County Jail during the relevant period in question, so that a

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reasonable attempt at service may be made, and

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2. Plaintiff’s motion for a ninety-day extension of time to provide additional information

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about defendant Armstrong for purposes of service of process (ECF No. 58) is DENIED as moot.

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DATED: October 13, 2021

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