Williams v. Mumtaz et al

Filing 73

ORDER of Dismissal of Claims Against Unserved Defendants Without Prejudice, N. Kushner and R. Muhammad Terminated. Signed by Judge Ronald M. Whyte on 10/25/11. (jg, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES EDWARD WILLIAMS,
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Plaintiff,
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v.
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DOCTOR TABBAA MUMTAZ, et al.,
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Defendants.
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No. C 10-2715 RMW (PR)
ORDER OF DISMISSAL OF
CLAIMS AGAINST UNSERVED
DEFENDANTS WITHOUT
PREJUDICE

Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint

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pursuant to 42 U.S.C. § 1983, alleging that several medical professionals have exhibited

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deliberate indifference to his serious medical needs. On September 30, 2010, the court issued

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summonses to all named defendants. After several summonses were returned unexecuted, the

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court directed plaintiff to provide current location information on defendants Dr. R. Muhammad

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and Dr. N. Kushner or face dismissal of both defendants. In September 2011, after requesting

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the litigation coordinators of both Salinas Valley State Prison and Pleasant Valley State Prison to

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provide forwarding addresses of both Muhammad and Kushner, the court received letters from

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both prisons indicating that mail sent to the forwarding address on file for Muhammad was

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returned undeliverable, and that Kushner had no forwarding address on file because he was

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found to be absent without leave and released from state service. (Docket Nos. 63, 65.)

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The court’s July 29, 2001 order cautioned plaintiff that, “If no further information is
Order of Dismissal of Claims Against Unserved Defendants Without Prejudice
P:\PRO-SE\SJ.Rmw\CR.10\Williams733dis4m.wpd

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available from the Litigation Coordinators, and if plaintiff fails to provide the requested

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information within thirty days of the filing date of this order, defendants R. Muhammad and N.

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Kushner will be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil

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Procedure.” More than thirty days from the date of that order have passed, and plaintiff has not

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provided the court with any further identifying or location information for either defendants Dr.

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Muhammad or Dr. Kushner.

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Accordingly, defendants Dr. Muhammad and Dr. Kushner are DISMISSED from this
action without prejudice.
IT IS SO ORDERED.
DATED: _________________
RONALD M. WHYTE
United States District Judge

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Order of Dismissal of Claims Against Unserved Defendants Without Prejudice
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P:\PRO-SE\SJ.Rmw\CR.10\Williams733dis4m.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JAMES EDWARD WILLIAMS JR,

Case Number: CV10-02715 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
TABBAA MUMTAZ et al,
Defendant.

/

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 October 25, 2011, 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.

James Edward Williams V-54214
Salinas Valley State Prison
Housing: A-5-143
P.O. Box 1050
Soledad, CA 93960
Dated: October 25, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk