Sturgis v. Brady et al

Filing 69

ORDER DIRECTING CLERK TO SERVE DEFENDANTS NEES AND PARRILLA. Signed by Judge Saundra Brown Armstrong on 1/7/2015. (ndr, COURT STAFF) (Filed on 1/7/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAMOS WAYNE STURGIS,
Plaintiff,

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v.
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SAN PABLO POLICE OFFICER
ROBERT BRADY, et al.,

Case No. 08-cv-05363-SBA (PR)
ORDER DIRECTING CLERK TO
SERVE DEFENDANTS NEES AND
PARRILLA

Defendants.

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This is a prisoner civil rights action brought under 42 U.S.C. § 1983. Plaintiff

United States District Court
Northern District of California

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alleges that in connection with his arrest on December 6, 2007, he was subjected to

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excessive force and deliberate indifference to serious medical needs, in violation of his

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constitutional rights. At Plaintiff’s request, the Court previously stayed (and

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administratively closed) the action pending the resolution of his then pending criminal

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proceeding. Dkt. 10. Upon notification that the criminal matter had been resolved, the

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Court reopened the action. Dkt. 22.

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On July 23, 2014, the Court ordered service of the Second Amended Complaint

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(“SAC”) as to San Pablo Police Officers Robert Brady and “Neece Lafayette,” Contra

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Costa County Sheriff’s Deputy Brian McDevitt, and the City of San Pablo. Dkt. 26. The

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Court dismissed Plaintiff’s claims against Contra Costa County Sheriff’s Deputy Parrilla

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as a result of Plaintiff’s failure to allege facts sufficient to state a claim. The dismissal was

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without prejudice to Plaintiff amending his SAC to link this Defendant to his claims.

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Subsequent to the Court’s Order of Service, the Court was informed that Defendant

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“Neece Lafayette” is neither an employee of the San Pablo Police Department nor the

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Contra Costa County Sheriff’s Department. Dkt. 35, 47. As a result, on August 13, 2014,

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Plaintiff was ordered to provide the Court with the requisite information necessary to

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locate Defendant “Neece Lafayette,” including his or her full name and address. Dkt. 42.

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In response to the Court’s Order, Plaintiff clarified that Defendant “Neece Lafayette” is, in

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fact, San Pablo Police Officer David Nees. Plaintiff provided two addresses for this

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Defendant: San Pablo Police Department, 13831 San Pablo Ave., San Pablo, CA 94806;

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and Contra County Sheriff’s Office, 1980 Muir Rd., Martinez, CA 94553. Dkt. 45 at 3, 5,

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7. The Clerk of the Court shall therefore reissue service on Defendant Nees at both

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addresses. If service fails a second time, all claims against this Defendant shall be

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dismissed without prejudice.

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In his response to the Court’s August 13, 2014 Order, Plaintiff has also provided

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additional facts linking Defendant Parrilla to the claims of excessive force and deliberate

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indifference to serious medical needs. Dkt. 45 at 1, 5. As such, the Court deems
Plaintiff’s response to be an amendment to the SAC, in which he now links Defendant

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United States District Court
Northern District of California

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Parrilla to the aforementioned claims. Thus, the Court finds that Plaintiff has stated

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cognizable claims against Defendant Parrilla. Plaintiff has also provided the following

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information, which the Clerk may use to serve this Defendant: Defendant Contra Costa

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County Sheriff’s Deputy Parrilla AKA “Zar Watts,” Contra County Sheriff’s Office, 1980

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Muir Rd., Martinez, CA 94553. Dkt. 45 at 7. Accordingly,

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IT IS HEREBY ORDERED THAT the Clerk shall mail a Notice of Lawsuit and

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Request for Waiver of Service of Summons, two copies of the Waiver of Service of

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Summons, a copy of the SAC and all attachments thereto (dkt. 23), a copy of Plaintiff’s

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response to the Court’s August 13, 2014 Order (dkt. 45), and copies of the Court’s July 23,

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2014 Order (dkt. 26) as well as this Order to Defendants Nees and Parrilla/“Zar Watts” at

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the addresses indicated above.

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IT IS SO ORDERED.
Dated: January 7, 2015

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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P:\PRO-SE\SBA\CR.08\Sturgis5363-serveNees&Parrilla-REVISED.docx

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAMOS WAYNE STURGIS,

Case No. 08-cv-05363-SBA

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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ROBERT BRADY, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 1/7/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Lamos Wayne Sturgis ID: CC14GS419
Contra Costa County Jail - Martinez Detention Facility D-Module #13
901 Court Street
Martinez, CA 94553

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Dated: 1/7/2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Nikki D. Riley, Deputy Clerk to the
Honorable SAUNDRA BROWN ARMSTRONG

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