Williams v. Muniz et al

Filing 46

SECOND ORDER OF SERVICE ON DEFENDANT PIN-CHIEH CHIANG, DO. Signed by Judge Jon S. Tigar on October 10, 2018. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 10/10/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WINSTON WILLIAMS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-00098-JST (PR) v. L. GAMBOA, et al., SECOND ORDER OF SERVICE ON DEFENDANT PIN-CHIEH CHIANG, DO Defendants. 12 13 Plaintiff, an inmate at the California Substance Abuse Treatment Facility proceeding pro 14 se, filed a complaint under 42 U.S.C. § 1983 regarding claims arising at Salinas Valley State 15 Prison (“SVSP”), where he was previously incarcerated. On October 4, 2017, the Court screened 16 plaintiff’s second amended complaint (“SAC”) and found that plaintiff stated a cognizable Eighth 17 Amendment claim for deliberate indifference to serious medical needs as against doctors L. 18 19 20 21 22 23 24 25 26 27 28 Gamboa, J. Chudy, P. Chang, and K. Kumar. Defendants Gamboa, Chudy, and Kumar were successfully served and have filed a motion for summary judgment. On May 17, 2018, the Court dismissed defendant Chang without prejudice after the summons for this defendant was returned unexecuted and plaintiff was unable to provide sufficient information to enable service of process within the time limits set out in Federal Rule of Civil Procedure 4(m). On August 28, 2018, the Court granted plaintiff’s request to correct the spelling of defendant Chang’s name to “Chiang” and directed the Marshal to reissue service. On September 25, 2018, the reissued summons for Dr. P. Chiang was returned unexecuted with the notation “According to SVSP, no record of this person ever working there.” ECF No. 45. This appears to be an error. Exhibits attacked to Defendants Gamboa, Chudy, and Kumar’s motion for summary judgment clearly show that plaintiff was treated by a Pin-Chieh 1 Chiang, DO at SVSP. See e.g., ECF No. 38-6 at 13. Furthermore, the declarations of doctors 2 Chudy and Gamboa both identify a “Dr. Chiang” as plaintiff’s primary care physician at SVSP. 3 See ECF Nos. 38-1 at 5, 38-5 at 2. Dr. Kumar’s declaration also acknowledges that plaintiff 4 received treatment from a “Dr. Chiang.” See ECF No. 38-9 at 4-5. 5 Accordingly, the Court orders as follows: 6 1. The Clerk shall re-issue summons and the United States Marshal shall serve, without 7 prepayment of fees, a copy of the second amended complaint in this matter (ECF No. 20), a copy 8 of the Court’s October 4, 2017 service order (ECF No. 22), and a copy of this order upon Pin- 9 Chieh Chiang, DO at Salinas Valley State Prison. 10 2. The Clerk shall send a copy of this order to the Litigation Coordinator at Salinas Valley United States District Court Northern District of California 11 State Prison, who is requested to file notice with the Court within twenty-eight (28) days of this 12 order as to whether defendant Pin-Chieh Chiang, DO can been identified. If the defendant can be 13 identified but is no longer at SVSP, the Litigation Coordinator is requested to provide to the Court 14 any forwarding address information and last known address that is available within twenty-eight 15 (28) days from the date of this order. A non-CDCR address should be provided under seal. 16 17 18 19 20 21 3. The briefing schedule set forth in the Court’s August 28, 2018 order is VACATED. The Court will set a new briefing schedule once all service issues are resolved. IT IS SO ORDERED. Dated: October 10, 2018 ______________________________________ JON S. TIGAR United States District Judge 22 23 24 25 26 27 28 2

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