Young v. Hedgpeth

Filing 61

ORDER DISMISSING DEFENDANTS JARDINI AND NGUYEN; DIRECTING CLERK TO REISSUE SUMMONSES. All claims against Defendants Jardina and Nguyen are DISMISSED without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk shall term inate said defendants from this action. The Clerk of the Court shall reissue summons and the United States Marshal shall serve, without prepayment of fees, a copy of the complaint in this matter,all attachments thereto, a copy of the Court Order file d October 26, 2011, (Docket No. 6) and a copy of this order upon the following Defendants at Salinas Valley State Prison, (P.O. Box 1020, Soledad, CA 93960-1020): A. Reyes, CCI, Recorder, S. Miranda, Correctional Supervising Cook , Rodney Muhammad , M.D., E. Ramos and B. Dixon. The Clerk shall also mail a courtesy copy of this order to the California Attorney General's Office. The Clerk shall update the docket to reflect the corrections provided by Plaintiff with respect to these Defendants. *** Jardini and Nguyen terminated. Signed by Judge Edward J. Davila on 6/4/2012. (ecg, COURT STAFF) (Filed on 6/4/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DANNY GEROME YOUNG,

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Plaintiff,
vs.

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ANTHONY HEDGPETH, et al.,
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Defendants.
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No. C 11-02739 EJD (PR)
ORDER DISMISSING DEFENDANTS
JARDINI AND NGUYEN;
DIRECTING CLERK TO REISSUE
SUMMONSES

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Plaintiff, a California inmate at the Salinas Valley State Prison (“SVSP”) in

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Soledad, filed the instant civil rights action in pro se pursuant to 42 U.S.C. § 1983 against

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prison officials for unconstitutional acts. The Court ordered service of Plaintiff’s

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complaint upon the named defendants. (See Docket No. 6.) Summonses for Defendants

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Muhammand, Rayes, Dixion, Jardini, Miranda and Nguyen, sent to SVSP, where Plaintiff

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indicated they were located, were returned unexecuted with the remark, “Not at the

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facility. Facility will not accept service.” (See Docket Nos. 11, 12, 13, 14, 15 and 16.)

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The summons for Defendant C. Ramos was returned unexecuted because Defendant was

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no longer employed at SVSP and the prison had no forwarding address. (See Docket No.

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44.) Plaintiff was directed to provide the Court with more information for the unserved

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defendants. (See Docket No. 55.) Plaintiff has filed a response to the Court’s order to
Order Dismissing Def. Jardini & Nguyen; Reissue of Summons
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provide more information for unserved Defendants. (Docket No. 60.)

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DISCUSSION
A.

Defendants Jardini and Nguyen

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Plaintiff’s response states that “Defendants Jardini and Nguyen were doctors at the

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times mentioned in the complaint, acting as plaintiff’s primary physician at Salinas Valley

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State Prison.” (See Docket No. 60 at 2.) However, Plaintiff has failed to provide a

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current accurate location for these defendants such that the Marshal can locate and serve

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them. It is the responsibility of the Plaintiff to remedy the situation or face dismissal of

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his claims against these defendants without prejudice. See Walker v. Sumner, 14 F.3d

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1415, 1421-22 (9th Cir. 1994)(holding prisoner failed to show cause why prison official

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should not be dismissed under Rule 4(m) where prisoner failed to show he had provided

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Marshal with sufficient information to effectuate service). Plaintiff has failed to provide

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any additional information for Defendants Jardini and Nguyen. Accordingly, the claims

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against these defendant are DISMISSED without prejudice pursuant to Rule 4(m).

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B.

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Defendants Reyes, Miranda and Muhammand
Plaintiff submitted documentation with his response which provides additional

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information for Defendants Reyes, Miranda and Muhammand. The information provided

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correctly identifies Defendant A. Rayes as A. Reyes, CCI, Recorder, (see Docket No.

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60, Ex. A), Defendant Miranda as S. Miranda, Correctional Supervising Cook, (id.,

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Ex. B), and Defendant Muhammand as Rodney Muhammad, (id., Ex. C).

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C.

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Defendants Ramos and Dixon
Plaintiff did not provide additional documentation as to Defendants Ramos and

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Dixion. However he provids information in his declaration correcting information

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previously submitted. Plaintiff declares that Defendant Ramos “was incorrectly given the

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first name initial C” and that she is correctly identified as E. Ramos. (See Docket No. 60

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at 2.) Plaintiff further declares that he has spoken to Defendant E. Ramos in person at

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SVSP as recently as April 2012. (Id.) Plaintiff additionally declares that Defendant
Order Dismissing Def. Jardini & Nguyen; Reissue of Summons
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Dixion is correctly identified as B. Dixon and was the Acting Health Care Manager at

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SVSP. Plaintiff believes that Defendant B. Dixon is currently in the Correctional

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Treatment Center at SVSP. (Id.)

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CONCLUSION

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For the reasons stated above, the Court orders as follows:

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1.

All claims against Defendants Jardina and Nguyen are DISMISSED without

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prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk shall

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terminate said defendants from this action.

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2.

The Clerk of the Court shall reissue summons and the United States

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Marshal shall serve, without prepayment of fees, a copy of the complaint in this matter,

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all attachments thereto, a copy of the Court Order filed October 26, 2011, (Docket No. 6)

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and a copy of this order upon the following Defendants at Salinas Valley State

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Prison, (P.O. Box 1020, Soledad, CA 93960-1020): A. Reyes, CCI, Recorder, S.

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Miranda, Correctional Supervising Cook, Rodney Muhammad, M.D., E. Ramos and B.

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Dixon. The Clerk shall also mail a courtesy copy of this order to the California Attorney

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General’s Office.

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3.

The Clerk shall update the docket to reflect the corrections provided by

Plaintiff with respect to these Defendants.
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Defendants shall file a motion for summary judgment or other dispositive

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motion with respect to the claims in the complaint found to be cognizable, and briefing

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shall proceed thereafter, in accordance with the schedule and instructions set forth in the

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Court’s Order of Service, filed October 26, 2011, (Docket No. 6).

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DATED:

6/4/2012
EDWARD J. DAVILA
United States District Judge

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Order Dismissing Defs. Jardini and Nguyen; Reissue of Summons
G:\PRO-SE\SJ.EJD\CR.11\02739Young_Reissue_4mDis.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

DANNY GEROME YOUNG et al,

Case Number: CV11-02739 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
ANTHONY HEDGPETH 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 June 4, 2012, 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.

Danny Gerome Young C-53235
Salinas Valley State Prison
CTC 23
P.O. Box 1050
Soledad, CA 93960-1050
Dated: June 4, 2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk