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)

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