Turner v. Graff et al

Filing 30

ORDER DIRECTING U.S. MARSHAL TO LOCATE DEFENDANTS. Signed by Judge Charles R. Breyer on 9/7/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 9/13/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ANTHONY DAWAYNE LEE TURNER, Plaintiff(s), 9 10 11 12 v. TOM GRAFF, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) No. C 10-5709 CRB (PR) ORDER DIRECTING UNITED STATES MARSHAL TO LOCATE DEFENDANTS 13 14 On November 18, 2010, while plaintiff was in custody at Atascadero State 15 Hospital, he filed a pro se complaint under 42 U.S.C. § 1983 in the United States 16 District Court for the Eastern District of California alleging deprivations of his 17 constitutional rights while he was at Napa State Hospital (NSH). The Eastern 18 District transferred the case to this court. 19 On May 9, 2011, the court granted plaintiff's request to proceed in forma 20 pauperis (IFP) and found that his allegations of use of excessive force state a 21 cognizable § 1983 claim for damages against defendants David Brody, Tom 22 Graff and Bearer Lee, and directed the clerk to issue summonses, and the United 23 States Marshal to serve, these defendants at NSH. But on June 10, 2011, the 24 summonses were returned unexecuted as to each of these defendants because 25 none of them could be located and served at NSH. The ligation coordinator at 26 NSH specifically noted that there was no doctor by the name of David Brody at 27 NSH, that Tom Graff had retired and that there was no correctional officer by the 28 name of Bearer Lee at NSH. 1 On August 24, 2011, the court directed plaintiff to provide the court and 2 marshal with sufficient and current information for defendants Brody, Graff and 3 Lee such that the marshal can effect service upon them. Plaintiff promptly 4 responded that he is a mental health prisoner on a release outpatient program and 5 is not qualified to receive state employee's addresses. He nonetheless noted that 6 the marshal can obtain the last known addresses of former NSH employees Brody 7 and Graff by calling NSH at (707) 253-5000, and that NSH correctional officer 8 Bearer Lee is actually NSH police officer Bernard Lee. 9 Good cause appearing, the clerk shall issue summons and the marshal 10 shall serve, without prepayment of fees, copies of the complaint in this matter, all 11 attachments thereto, and copies of this and all prior orders on NSH police officer 12 Bernard Lee at NSH. The marshal shall also obtain the last known addresses for 13 former NSH employees Tom Graff and David Brody and, within 30 days of this 14 order, file said addresses with the court under seal or show cause why the 15 marshal service could not obtain the addresses. Cf. Graham v. Satkoski, 51 F.3d 16 710, 713 (7th Cir. 1995) (once former prison employee is properly identified, 17 marshal service should be able to ascertain individual's current address and, on 18 the basis of that information, complete service). 19 The clerk is instructed to serve a copy of this order on the parties and on 20 the marshal's service. 21 SO ORDERED. 22 DATED: Sept. 7, 2011 CHARLES R. BREYER United States District Judge 23 24 25 26 G:\PRO-SE\CRB\CR.10\Turner, A1.or3.wpd 27 28 2

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