Solomon v. Meyer et al

Filing 45

ORDER DIRECTING CLERK TO REISSUE SUMMONSES. Signed by Judge Lucy H. Koh on 7/19/12. (Attachments: # 1 cert of service)(mpb, COURT STAFF) (Filed on 7/20/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VINCENTE URAIN SOLOMON,

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Plaintiff,
vs.

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G. LEWIS et al.,
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Defendants.
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No. C 11-02827 (LHK)
ORDER DIRECTING CLERK TO
REISSUE SUMMONSES

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On January 13, 2012, Plaintiff, a California inmate at the California Correctional

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Institution (“CCI”) in Tehachapi, filed a second amended complaint (“SAC”) pursuant to 42

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U.S.C. § 1983 against Salinas Valley State Prison (“SVSP”) officials. (Docket No. 14.) On

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April 9, 2012, the Court ordered service of Plaintiff’s SAC upon the named Defendants. (Docket

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No. 15.)

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The summonses for the following Defendants were sent to SVSP, where Plaintiff

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indicated the Defendants were located, and were returned unexecuted on May 2, 2012: CC2 T.

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Miner, Correctional Officer (“C/O”) Sgt. Bonville, CDW G. Lewis, Sgt. P. Murphy, C/O

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Blakemanship, Sgt. Moyer, C/O Hollingworth, CDW J. Negrete, Capt. M. Bryant, CSR J. Short,

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C/O Dornan, C/O J. Cable, C/O B. Long, C/O K. Cannon, C/O Citch, and C/O Syner. (Docket
Order Directing Reissue of Summons
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Nos. 17-32.) On May 21, 2012, the Court directed Plaintiff to provide more information to

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locate Defendants so that the Marshal could effect service. (Docket No. 38.) Plaintiff has filed a

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response to the Court’s order providing additional location and identifying information for the

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unserved defendants. (Docket No. 39.)

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Plaintiff’s response indicates that the following Defendants are currently employed at

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CCI in Tehachapi: Sgt. P. Murphy, CDW J. Negrete, Capt. M. Bryant, CC2 T. Miner, Sgt.

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Bonville, C/O Blakemanship, C/O Hollingworth, C/O J. Cable, C/O B. Long, C/O Cannon,

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C/O Citch, C/O Snyder, and CSR J. Short. Plaintiff submitted documentation which provides

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additional identifying information for four of the above listed Defendants:

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1.

Sgt. P. Murphy: CCI - ICC: SHU Initial Review, committee member

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2.

J. Negrete, CDW (A): CCI - ICC: SHU Initial Review, Chairperson

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M. Bryant, FC: CCI - ICC: SHU Initial Review, committee member

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T. Miner, C&PR (A): CCI - ICC: SHU Initial Review, Recorder

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Plaintiff further provides that there is also an Appeals Coordinator T. Miner at SVSP.

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Plaintiff provided updated employment information for Defendant Sgt. Moyer. Plaintiff states

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that Sgt. Moyer is currently a CCI Counselor on C-Yard at SVSP. Plaintiff states that Sgt.

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Moyer may also be known as Sgt. Meyers.

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Plaintiff does not provide any additional information for Defendants G. Lewis and C/O
Dornan.

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CONCLUSION

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

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1.

Plaintiff's claims against Defendants G. Lewis and C/O Dornan are

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DISMISSED without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.

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The Clerk shall terminate these Defendants from this action.

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2.

The Clerk of the Court shall mail a Notice of Lawsuit and Request for Waiver of

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Service of Summons, two copies of the Waiver of Service of Summons, a copy of the SAC and

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all attachments thereto (Docket No. 14), a copy of the Court Order filed April 9, 2012, (Docket

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No. 15) and a copy of this order upon the following Defendants: Sgt. P. Murphy, ICC – SHU
Order Directing Reissue of Summons
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Initial Review, committee member; CDW J. Negrete, ICC – SHU Initial Review,

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Chairperson; Capt. M. Bryant, ICC – SHU Initial Review, committee member; CC2 T.

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Miner, ICC – SHU Initial Review, Recorder; Sgt. Bonville; C/O Blakemanship; C/O

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Hollingworth; C/O J. Cable; C/O B. Long; C/O Cannon; C/O Citch; C/O Snyder; and CSR

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J. Short at California Correctional Institution, P.O. Box 1030, Tehachapi, CA 93581.

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3.

The Clerk of the Court shall mail a Notice of Lawsuit and Request for Waiver of

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Service of Summons, two copies of the Waiver of Service of Summons, a copy of the SAC and

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all attachments thereto (Docket No. 14), a copy of the Court Order filed April 9, 2012, (Docket

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No. 15) and a copy of this order upon Defendants CC2 T. Miner, Appeals Coordinator and Sgt.

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Moyer or Sgt. Meyers at Salinas Valley State Prison, P.O. Box 1020, Soledad, CA

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93960-1020.

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4.

Defendants are cautioned that Rule 4 of the Federal Rules of Civil Procedure

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requires them to cooperate in saving unnecessary costs of service of the summons and SAC.

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Pursuant to Rule 4, if Defendants, after being notified of this action and asked by the Court, on

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behalf of Plaintiff, to waive service of the summons, fail to do so, Defendants will be required to

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bear the cost of such service unless good cause be shown for their failure to sign and return the

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waiver form. If service is waived, this action will proceed as if Defendants had been served on

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the date that the waiver is filed, except that pursuant to Rule 12(a)(1)(B), Defendants will not be

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required to serve and file an answer before sixty (60) days from the date on which the request for

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waiver was sent. (This allows a longer time to respond than would be required if formal service

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of summons is necessary.) Defendants are asked to read the statement set forth at the bottom of

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the waiver form that more completely describes the duties of the parties with regard to waiver of

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service of the summons. If service is waived after the date provided in the Notice but before

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Defendants have been personally served, the Answer shall be due sixty (60) days from the date

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on which the request for waiver was sent or twenty (20) days from the date the waiver form is

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filed, whichever is later.

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5.

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General’s Office.

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

Order Directing Reissue of Summons
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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 shall

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proceed thereafter, in accordance with the schedule and instructions set forth in the Court’s

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Order of Service, filed April 9, 2012, (Docket No. 15).

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IT IS SO ORDERED.

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DATED:

7/19/12
LUCY H. KOH
United States District Judge

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Order Dismissing Defs. Jardini and Nguyen; Reissue of Summons
G:\PRO-SE\SJ.LHK\CR.11\Solomon2739_Reissue Summons.wpd

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