Juarez v. Butts et al

Filing 110

ORDER signed by Magistrate Judge Deborah Barnes on 3/25/2019 GRANTING 107 Motion for Court Assistance. Defendants' counsel to query CDCR to ascertain whereabouts of Bhatia and file and serve a response explain what he has, or has not, found within 20 days of the filed date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE JUAREZ,

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No. 2:15-cv-1996 JAM DB P
Plaintiff,

v.

ORDER

M. HLAING, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. Plaintiff alleges defendants were deliberately indifferent to his serious medical

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needs in violation of the Eighth Amendment.

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On November 26, 2018, the court ordered the United States Marshal to serve the

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complaint on defendants. Process directed to defendant Bhatia was returned unserved because

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Bhatia “does not work for California Health Care Facility or California Department of

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Corrections and Rehabilitation.” (See ECF No. 89.) Plaintiff was provided a second opportunity

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to provide information for service of defendant Bhatia. (ECF No. 90.) However, in a filing dated

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March 13, 2019, plaintiff states that he has been unable to obtain that information. (ECF No.

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107.) Plaintiff moves for assistance from the court in identifying an address for defendant Bhatia.

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The court finds that plaintiff has attempted to locate Bhatia and will direct defendants’ counsel to

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provide assistance.
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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s March 13, 2019 motion for court assistance (ECF No. 107) is granted.

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2. Defendants’ counsel shall query the Department of Corrections and Rehabilitation to

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ascertain the whereabouts of Bhatia. If defendant Bhatia is employed with the

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Department of Corrections and Rehabilitation or any other California state agency,

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counsel shall provide the business address to plaintiff. If counsel is otherwise

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informed of the business address of defendant Bhatia, counsel shall provide the

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address to plaintiff. In the event that counsel, after conducting a good faith inquiry,

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cannot ascertain the business address of defendant Bhatia, counsel shall so inform the

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court. Defendants’ counsel shall file and serve a response explaining what he has, or

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has not, found within twenty days of the filed date of this order.

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3. If defendant provides Bhatia’s address to plaintiff, within ten days of receiving that

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address, plaintiff shall use the documents provided to him in December to file the

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following: (1) Notice of Submission of Documents; (2) a completed USM-285 form

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for defendant Bhatia; (3) two copies of the endorsed amended complaint filed July 12,

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2018; and (4) a completed summons form (if not previously provided) or show good

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cause why he cannot provide such information.

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Dated: March 25, 2019

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DLB:9
DB/prisoner-civil rights/juar1996.srvc assist

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