Mitchell v. Broomfield et al

Filing 7

SECOND ORDER OF SERVICE; INSTRUCTIONS TO CLERK. Signed by Judge Jeffrey S. White on 2/7/2024. Habeas Answer or Dispositive Motion due by 4/8/2024. (kkp, COURT STAFF) (Filed on 2/7/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

CORREY MITCHELL,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11
12

Case No. 23-cv-06295-JSW
SECOND ORDER OF SERVICE;
INSTRUCTIONS TO CLERK

v.
RONALD BROOMFIELD, et al.,
Defendants.

Plaintiff was recently ordered to supply the names and locations of the Doe Defendants so

13

the Marshal could serve them. (ECF No. 5 at 3.) He has indicated they are Salinas Valley State

14

Prison (“SVSP”) Warden Trent Allen and SVSP Chief Deputy Warden T. Lemon and both are

15

located at SVSP. (ECF No. 6.)

16

Defendants Warden Trent Allen and Chief Deputy Warden T. Lemon Elisha Scott shall be

17

served at Salinas Valley State Prison. Service shall proceed under the California Department of

18

Corrections and Rehabilitation’s (CDCR) e-service program for civil rights cases from prisoners

19

in CDCR custody. In accordance with the program, the clerk is directed to serve on CDCR via

20

email the following documents: the Amended Complaint, this Order, a CDCR Report of E-Service

21

Waiver form, and a summons. The clerk also shall serve a copy of this order on the plaintiff.

22

No later than 40 days after service of this order via email on CDCR, CDCR shall provide

23

the court a completed CDCR Report of E-Service Waiver advising the court which defendant(s)

24

listed in this order will be waiving service of process without the need for service by the United

25

States Marshal Service (USMS) and which defendant(s) decline to waive service or could not be

26

reached. CDCR also shall provide a copy of the CDCR Report of E-Service Waiver to the

27

California Attorney General’s Office which, within 21 days, shall file with the court a waiver of

28

service of process for the defendant(s) who are waiving service.

1
2

defendant who has not waived service according to the CDCR Report of E-Service Waiver a

3

USM-205 Form. The clerk shall provide to the USMS the completed USM-205 forms and copies

4

of this order, the summons, and the operative complaint for service upon each defendant who has

5

not waived service. The clerk also shall provide to the USMS a copy of the CDCR Report of E-

6

Service Waiver.

7
8
9
10
11

United States District Court
Northern District of California

Upon receipt of the CDCR Report of E-Service Waiver, the clerk shall prepare for each

12

Defendants Allen and Lemon shall comply with the numbered paragraphs 3 and 4 of the
conclusion of the Order of Service (ECF No.6).
The Clerk shall add Defendants Warden Trent Allen and Chief Deputy Warden T. Lemon
Elisha Scott to the docket.
IT IS SO ORDERED.
Dated: February 7, 2024

13
14
JEFFREY S. WHITE
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2