Lara v. Posner et al

Filing 83

ORDER DIRECTING ATTORNEY GENERAL'S OFFICE TO FILE NOTICE REGARDING STATUS OFSUMMONS ON DEFENDANT POSNER. The Court hereby orders the Attorney General to file notice regarding the current employment status of Dr. Posner at CSP and the status of t he summons issued on March 31, 2010, at his last known place of employment. The Attorney General is directed to file a response no later than fourteen (14) days from the date this order is filed. Signed by Judge James Ware on 3/4/2011. (ecg, COURT STAFF) (Filed on 3/4/2011)

Lara v. Posner et al

Doc. 83

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

JOSE LUIS LARA, Plaintiff, vs. DR. POSNER,

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Defendant.
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No. C 02-05429 JW (PR) ORDER DIRECTING ATTORNEY GENERAL'S OFFICE 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. Only Defendant Dr. Posner remains in this action. On March 26, 2010, the Court directed the clerk to reissue summons as to defendant Dr. Posner at Corcoran State Prison ("CSP"). (See Docket No. 76.) The clerk did so on March 31, 2010. (See Docket No. 78.) Several months passed with no response by Dr. Posner or prison officials to the summons. In the last Court order filed September 22, 2010, the Litigation Coordinator at CSP was ordered to file notice within thirty days from the date the order was filed, stating the status of defendant Dr. Posner's current employment status at CSP and whether defendant received notice of and/or
Order Directing Attorney General to File Response P:\PRO-SE\SJ.JW\CR.02\Lara05429_re-Posner.wpd

Dockets.Justia.com

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received the summons issued on March 31, 2010. (Docket No. 82.) The clerk sent a courtesy copy of the order to the Attorney General's office. To date there has been no response from the prison to the Court's order. The Court hereby orders the Attorney General to file notice regarding the current employment status of Dr. Posner at CSP and the status of the summons issued on March 31, 2010, at his last known place of employment. The Attorney General is directed to file a response no later than fourteen (14) days from the date this order is filed.

DATED:

March 4, 2011

JAMES WARE United States District Chief Judge

United States District Court

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For the Northern District of California

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Order Directing Attorney General to File Response P:\PRO-SE\SJ.JW\CR.02\Lara05429_re-Posner.wpd

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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.
3/4/2011 That on , 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.

Jose Luis Lara 1676 Spooner Dr. San Luis Obispo, CA 93405 Dated:
3/4/2011 /s/

Richard W. Wieking, Clerk By: Elizabeth Garcia, Deputy Clerk