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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 WILLIAM DAVIS, 9 United States District Court For the Northern District of California 10 11 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 12 Defendants. / 13 14 15 16 Plaintiff, an inmate in the Alameda County Jail, filed this pro se civil rights complaint 17 under 42 U.S.C. § 1983 against a Deputy United States Marshal and county employees for an 18 injury sustained while being transported to the jail and subsequent medical care that he 19 alleges was inadequate. The complaint was reviewed pursuant to 28 U.S.C. 1915A, and the 20 Clerk mailed waiver of service and summons forms to the Deputy Marshal, and also to 21 defendants Dr. McCoy, Dr. Orr and Dr. Pompey at the Alameda County Sheriff’s 22 Department, where plaintiff indicated they were located.1 The Sheriff wrote a letter to the 23 Court stating that defendants McCoy, Orr and Pompey do not work for and are not located at 24 the Sheriff’s Department. Accordingly, the Court ordered plaintiff to either effectuate 25 service on said three defendants or provide the Court with their current locations such that 26 the Marshal is able to effectuate service. 27 28 1 The claims against the other defendants were dismissed. 1 In response, plaintiff’s counsel in a separate proceeding, James Phillip Vaughns, made 2 an inquiry and advises the Court that all three defendants can be served at Prison Health 3 Services, Inc.2 4 Accordingly, the Court orders as follows: 5 1. The Clerk shall issue summons and the United States Marshal shall, without 6 prepayment of fees, serve said summons, along with a copy of the Complaint (Docket No. 1) 7 and all attachments thereto, a copy of the Court’s October 25, 2012 Order of Service (Docket 8 No. 3), and a copy of this order, upon defendants Dr. McCoy, Dr. Orr, and Dr. Pompey at: 9 Prison Health Services, Inc., 1150 Ballena Blvd., Alameda, CA 94501. United States District Court For the Northern District of California 10 2. The Clerk shall also mail courtesy copies of the Complaint with all attachments 11 thereto, the October 25, 2012 Order of Service, and this order to the United States Attorney 12 for the Northern District of California and to the Alameda County Counsel’s Office. 13 3. The deadline for defendants to file a dispositive motion is hereby CONTINUED to 14 May 31, 2013. Plaintiff shall file any opposition to defendants’ motion within twenty-eight 15 (28) days of the date the motion is filed. Defendants shall file a reply within fourteen (14) 16 days of the date the opposition is filed. 17 18 IT IS SO ORDERED. DATED: February 27, 2013 _________________________ JON S. TIGAR United States District Judge 19 20 21 22 23 24 25 26 27 28 2 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. 2

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