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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY DAWAYNE LEE TURNER,
Plaintiff(s),

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v.
TOM GRAFF, et al.,
Defendant(s).

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No. C 10-5709 CRB (PR)
ORDER DIRECTING
UNITED STATES
MARSHAL TO LOCATE
DEFENDANTS

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On November 18, 2010, while plaintiff was in custody at Atascadero State

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Hospital, he filed a pro se complaint under 42 U.S.C. § 1983 in the United States

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District Court for the Eastern District of California alleging deprivations of his

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constitutional rights while he was at Napa State Hospital (NSH). The Eastern

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District transferred the case to this court.

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On May 9, 2011, the court granted plaintiff's request to proceed in forma

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pauperis (IFP) and found that his allegations of use of excessive force state a

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cognizable § 1983 claim for damages against defendants David Brody, Tom

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Graff and Bearer Lee, and directed the clerk to issue summonses, and the United

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States Marshal to serve, these defendants at NSH. But on June 10, 2011, the

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summonses were returned unexecuted as to each of these defendants because

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none of them could be located and served at NSH. The ligation coordinator at

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NSH specifically noted that there was no doctor by the name of David Brody at

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NSH, that Tom Graff had retired and that there was no correctional officer by the

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name of Bearer Lee at NSH.

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On August 24, 2011, the court directed plaintiff to provide the court and

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marshal with sufficient and current information for defendants Brody, Graff and

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Lee such that the marshal can effect service upon them. Plaintiff promptly

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responded that he is a mental health prisoner on a release outpatient program and

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is not qualified to receive state employee's addresses. He nonetheless noted that

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the marshal can obtain the last known addresses of former NSH employees Brody

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and Graff by calling NSH at [phone], and that NSH correctional officer

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Bearer Lee is actually NSH police officer Bernard Lee.

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Good cause appearing, the clerk shall issue summons and the marshal

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shall serve, without prepayment of fees, copies of the complaint in this matter, all

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attachments thereto, and copies of this and all prior orders on NSH police officer

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Bernard Lee at NSH. The marshal shall also obtain the last known addresses for

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former NSH employees Tom Graff and David Brody and, within 30 days of this

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order, file said addresses with the court under seal or show cause why the

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marshal service could not obtain the addresses. Cf. Graham v. Satkoski, 51 F.3d

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710, 713 (7th Cir. 1995) (once former prison employee is properly identified,

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marshal service should be able to ascertain individual's current address and, on

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the basis of that information, complete service).

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The clerk is instructed to serve a copy of this order on the parties and on

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the marshal's service.

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SO ORDERED.

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DATED: Sept. 7, 2011
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.10\Turner, A1.or3.wpd

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