Davis v. County of Alameda et al

Filing 9

ORDER OF SERVICE ON DEFENDANTS McCOY, ORR, AND POMPEY; EXTENDING TIME FOR FILING OF DISPOSITIVE MOTION. Signed by Judge Jon S. Tigar on February 27, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 2/27/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM DAVIS,

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United States District Court
For the Northern District of California

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No. C 12-3768 JST (PR)

Plaintiff,

ORDER OF SERVICE ON
DEFENDANTS McCOY, ORR, AND
POMPEY; EXTENDING TIME FOR
FILING OF DISPOSITIVE MOTION

v.
COUNTY OF ALAMEDA, et al

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Defendants.
/

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Plaintiff, an inmate in the Alameda County Jail, filed this pro se civil rights complaint

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under 42 U.S.C. § 1983 against a Deputy United States Marshal and county employees for an

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injury sustained while being transported to the jail and subsequent medical care that he

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alleges was inadequate. The complaint was reviewed pursuant to 28 U.S.C. 1915A, and the

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Clerk mailed waiver of service and summons forms to the Deputy Marshal, and also to

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defendants Dr. McCoy, Dr. Orr and Dr. Pompey at the Alameda County Sheriff’s

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Department, where plaintiff indicated they were located.1 The Sheriff wrote a letter to the

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Court stating that defendants McCoy, Orr and Pompey do not work for and are not located at

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the Sheriff’s Department. Accordingly, the Court ordered plaintiff to either effectuate

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service on said three defendants or provide the Court with their current locations such that

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the Marshal is able to effectuate service.

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The claims against the other defendants were dismissed.

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In response, plaintiff’s counsel in a separate proceeding, James Phillip Vaughns, made

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an inquiry and advises the Court that all three defendants can be served at Prison Health

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Services, Inc.2

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Accordingly, the Court orders as follows:

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1. The Clerk shall issue summons and the United States Marshal shall, without

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prepayment of fees, serve said summons, along with a copy of the Complaint (Docket No. 1)

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and all attachments thereto, a copy of the Court’s October 25, 2012 Order of Service (Docket

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No. 3), and a copy of this order, upon defendants Dr. McCoy, Dr. Orr, and Dr. Pompey at:

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Prison Health Services, Inc., 1150 Ballena Blvd., Alameda, CA 94501.

United States District Court
For the Northern District of California

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2. The Clerk shall also mail courtesy copies of the Complaint with all attachments

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thereto, the October 25, 2012 Order of Service, and this order to the United States Attorney

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for the Northern District of California and to the Alameda County Counsel’s Office.

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3. The deadline for defendants to file a dispositive motion is hereby CONTINUED to

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May 31, 2013. Plaintiff shall file any opposition to defendants’ motion within twenty-eight

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(28) days of the date the motion is filed. Defendants shall file a reply within fourteen (14)

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days of the date the opposition is filed.

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IT IS SO ORDERED.
DATED: February 27, 2013
_________________________
JON S. TIGAR
United States District Judge

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Mr. Vaughns states that he represents plaintiff on the criminal case that led to plaintiff’s
incarceration and that he made the inquiry as a courtesy to plaintiff.
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