Furnace v. Knuckles et al

Filing 94

ORDER REQUIRING COUNSEL FOR DEFENDANTS TO PROVIDE LOCATION INFORMATION FOR UNSERVED DEFENDANT. Signed by Judge Maxine M. Chesney on October 12, 2011. (mmcsec, COURT STAFF) (Filed on 10/12/2011) (Additional attachment(s) added on 10/12/2011: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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)
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Plaintiff,
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v.
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SGT. K KNUCKLES, et al.,
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Defendants.
_______________________________ )
EDWARD TERRAN FURNACE,

No. C 09-6075 MMC (PR)
ORDER REQUIRING COUNSEL FOR
DEFENDANTS TO PROVIDE
LOCATION INFORMATION FOR
UNSERVED DEFENDANT

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On December 30, 2009, plaintiff, a California prisoner incarcerated at Corcoran State

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Prison and proceeding pro se, filed the above-titled civil rights action under 42 U.S.C.

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§ 1983. In its order of August 29, 2011, the Court noted that two defendants, L. Warren and

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M. Evans, had not been served.

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Because the original summons issued for L. Warren had not been returned as either

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executed or unexecuted, the Court directed the Clerk to reissue summons for L. Warren, and

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said defendant thereafter appeared in the action.

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Because the original summons issued for M. Evans was returned unexecuted with the

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notation that he had retired, the Court informed plaintiff that he was required to either

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effectuate service himself or provide the Court with an accurate current location at which M.

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Evans could be served by the Marshal. Plaintiff reports that he has no means of locating M.

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Evans and that M. Evans was employed at the location originally provided at the time

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plaintiff filed his complaint herein.

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Good cause appearing, and in the interest of expediting the progress of the instant

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action, the Court hereby directs defendants’ counsel to provide the Court, under seal, and

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within thirty (30) days of the date this order is filed, with the most recent address on file

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with the California Department of Corrections and Rehabilitation for defendant M. Evans.

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Upon receipt of such information, the Court will order the Marshal to serve M. Evans at such

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address.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.
DATED: October 12, 2011
_________________________
MAXINE M. CHESNEY
United States District Judge

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