Buckins v. McCoy et al

Filing 26

ORDER REGARDING SERVICE ON DEBORAH M. WALKER (Illston, Susan) (Filed on 8/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARRELL EDWARD BUCKINS,
Plaintiff,

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ORDER REGARDING SERVICE ON
DEBORAH M. WALKER

v.

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BRENDA MCCOY, et al.,

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United States District Court
Northern District of California

Case No. 16-cv-06157-SI

Defendants.

Re: Dkt. No. 20

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In this pro se prisoner’s civil rights action, Darrell Buckins complained about responses to

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his medical needs from December 2014 through August 2015 while he was housed at the Glenn

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Dyer Detention Facility in Oakland, California.

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WALKER, L.V.N. (‘Walker’) was at all times herein mentioned a physician licensed to practice

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medicine in the State of California, an employee and/or agent of Defendant CORIZON [Health

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Services].” Docket No. 11 at 4. Service of process was ordered on eight defendants, including a

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defendant identified as Debra Walker, L.V.N. The clerk requested Buckins to provide an address

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for service of process, and Buckins provided a residential address in the Los Angeles suburb of

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Covina, California, to serve this defendant.

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complaint were mailed to the Covina address.

Buckins alleged that “Defendant DEBRA

Docket No. 14.

The summons and amended

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The court has received a letter dated July 6, 2017, from Deborah M. Walker at the Covina

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address, in which she states that she is not the Debra Walker the plaintiff is looking for. She

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writes that her name is now “Deborah M. Walker,” following her marriage in November 2015, but

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she was known as “Deborah M. Hayward” before her marriage. Docket No. 20. For convenience,

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she will be referred to as “Ms. Walker nee Hayward.” In her letter, Ms. Walker nee Hayward

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states that she was an L.V.N., although she used the last name of Hayward rather than Walker for

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that occupation, and was last employed as an L.V.N. in November 2012. Id. Most importantly,

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Ms. Walker nee Hayward writes that she has “never lived or worked in Northern California and

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[has] never been employed by Corizon Health, Inc.” Id. She sent a copy of her letter to Buckins,

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but he has filed no responsive document.

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There appears to be a genuine possibility that Buckins has caused the wrong person to be

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served as a defendant in this action. If the wrong person has been served with the summons and

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amended complaint, that error needs to be corrected promptly to avoid unnecessary worry and

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expense for her.
Accordingly, no later than September 8, 2017, Buckins must file a statement in which he

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states whether he disagrees with Ms. Walker nee Hayward’s assertion that she is not the Debra

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United States District Court
Northern District of California

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Walker he wants to sue in this action. If he believes that Ms. Walker nee Hayward is the person

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he dealt with at the Glenn Dyer Detention Facility and is the right person as a defendant, he must

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state all the facts on which he bases that belief. He also must state how he learned the Covina

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address to use for service of process.

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At this time, Ms. Walker nee Hayward does not need to do anything. If Buckins’

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written response suggests that Ms. Walker nee Hayward is the right person as a defendant, the

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court will provide her an opportunity to file a response to his filing before making any decision. If

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he agrees that she is not the right person, the court will issue an order ending her involvement in

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the action. Either way, the court intends to issue a written decision by the end of September and

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will send a copy to Ms. Walker nee Hayward.

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The clerk shall mail a copy of this order to Deborah Walker nee Hayward at 19845 E.

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Navilla Place, Covina, CA 91724-3420. The clerk also will mail a copy of Ms. Walker nee

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Hayward’s letter (Docket No. 20) to plaintiff with this order.

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IT IS SO ORDERED.
Dated: August 24, 2017
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SUSAN ILLSTON
United States District Judge

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