Lara v. Posner et al

Filing 82

ORDER DISMISSING ACTION AGAINST UNSERVED DEFENDANT HAFFNER UNDER RULE 4(m); DIRECTING CORCORAN STATE PRISON OFFICIALS TO FILE NOTICE REGARDING STATUS OF SUMMONS ON DEFENDANT POSNER. Accordingly, the action is DISMISSED without prejudice as to unserve d defendant Dr. Haffner pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The clerk shall terminate defendant Haffner from this action. The Litigation Coordinator at Corcoran State Prison (CSP) is hereby ordered to file notice within thi rty (30) days from the date this order is filed, stating the status of Defendant Dr. Posner's current employment status at CSP and whether defendant received notice of and/or received the summons issued on 3/31/2010. The clerk shall send a courtesy copy of this order to the Attorney General's office. ***Defendant Haffner terminated. Signed by Judge James Ware on 9/22/2010. (ecg, COURT STAFF) (Filed on 9/22/2010)

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Lara v. Posner et al Doc. 82 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California JOSE LUIS LARA, Plaintiff, vs. DR. POSNER, et al., Defendants. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) No. C 02-05429 JW (PR) ORDER DISMISSING ACTION AGAINST UNSERVED DEFENDANT HAFFNER UNDER RULE 4(m); DIRECTING CORCORAN STATE PRISON OFFICIALS TO FILE NOTICE REGARDING STATUS OF SUMMONS ON DEFENDANT POSNER Plaintiff, a California inmate proceeding pro se, filed this civil rights complaint under 42 U.S.C. § 1983, alleging deliberate indifference to his serious medical needs by Salinas Valley State Prison ("SVSP") employees. On July 8, 2010, the Court granted the Attorney General's motion on behalf of defendant Dr. Haffner to quash the service of process on this defendant. (See Docket No. 79.) Plaintiff was directed to provide a current location for defendant Haffner within twenty days of the order. (Id.) Plaintiff was thereafter granted an extension of time do so, such that Plaintiff's notice of defendant Haffner's current address was due no later than August 27, 2010. (See Docket No. 81.) Plaintiff was advised that failure to do so may result in the dismissal of the complaint against these defendants under Rule 4(m) of the Federal Rules of Civil Procedure. The deadline has since passed Order Dismissing Action Against Unserved Def. P:\PRO-SE\SJ.JW\CR.02\Lara05429_4m.dism-Haffner.wpd Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 and plaintiff has failed to comply. Accordingly, the action is DISMISSED without prejudice as to unserved defendant Dr. Haffner pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The clerk shall terminate defendant Haffner from this action. On March 26, 2010, the Court directed the clerk to reissue summons as to defendant Dr. Posner at Corcoran State Prison. (See Docket No. 76.) The clerk did so on March 31, 2010. (See Docket No. 78.) Several months have passed, and there has been no response by Dr. Posner or prison officials to the summons. The Litigation Coordinator at Corcoran State Prison ("CSP") is hereby ordered to file notice within thirty (30) days from the date this order is filed, stating the status of defendant Dr. Posner's current employment status at CSP and whether defendant received notice of and/or received the summons issued on March 31, 2010. The clerk shall send a courtesy copy of this order to the Attorney General's office. September 21, 2010 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: JAMES WARE United States District Judge Order Dismissing Action Against Unserved Def. P:\PRO-SE\SJ.JW\CR.02\Lara05429_4m.dism-Haffner.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSE LUIS LARA, Plaintiff, v. DR. POSNER, Defendant. / Case Number: CV02-05429 JW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 9/22/2010 , I SERVED a true and correct copy(ies) of the That on 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. Jose Luis Lara 1676 Spooner Dr. San Luis Obispo, CA 93405 Dated: 9/22/2010 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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