Henderson v. California Department of Corrections and Rehabilitations et al

Filing 45

ORDER Directing Clerk to Re-Issue Summons o Dr. D. Shampain by Judge Ronald M. Whyte. (jg, COURT STAFF) (Filed on 9/17/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CURTIS LEE HENDERSON, SR.,

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Plaintiff,
v.
DR. J. ESPINOZA, et al.,
Defendants.

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No. C 11-4918 RMW (PR)
ORDER DIRECTING CLERK TO
RE-ISSUE SUMMONS ON DR.
D. SHAMPAIN

(Docket No. 43.)

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On October 5, 2011, plaintiff, a California state prisoner proceeding pro se, filed a civil

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rights complaint pursuant to 42 U.S.C. § 1983. (Docket No. 1) The court ordered service of

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plaintiff’s complaint on the named defendants at California State Prison-San Quentin (“CSP-

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SQ”). (Docket No. 13.) Summons for defendant Dr. D. Shampain was returned unexecuted

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because Dr. D. Shampain “was a Contract employee and has not worked with CSP-San Quentin

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since on about October 2011.” (Docket No. 33.) Only July 31, 2012, this Court directed

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Plaintiff to provide current and accurate location information for defendant Dr. D. Shampain

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within thirty (30) days. (Docket No. 37.) Plaintiff has filed a motion requesting the Court re-

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issue a summons on Defendant Dr. D. Shampain. (Docket No. 43.) Within the motion Plaintiff

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provides two addresses for the Defendant Dr. David Shampain. Good cause having been shown,

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Plaintiff’s motion is GRANTED.

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The court directs the clerk to re-issue a summons and the United States Marshal to serve,
Order Directing Re-issue summons
G:\PRO-SE\SJ.Rmw\CR.11\Henderson918svcreissue.wpd

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without prepayment of fees, a copy of the complaint in this matter, (docket no. 1), all attachments

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thereto, a copy of the court order filed March 6, 2012 (docket no. 13), and a copy of this order

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upon defendant Dr. David Shampain at 1920 Creston Rd., Ste B, Paso Robles, California

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93446 [phone] and 530 Teft Street, Nipomo California 93444 [phone]. The

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Clerk shall also mail a courtesy copy of this order to the California Attorney General’s Office.

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Defendant Dr. D. Shampain shall file a motion for summary judgment or other

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

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

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Court's Order of Service, filed March 6, 2012. (Docket No. 13).

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This order terminates Docket No. 43.

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IT IS SO ORDERED.

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DATED:
RONALD M. WHYTE
United States District Judge

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Order Directing Re-issue summons
G:\PRO-SE\SJ.Rmw\CR.11\Henderson918svcreissue.wpd2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

CURTIS LEE HENDERSON SR.,

Case Number: CV11-04918 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
CA DEPT OF CORRECTIONS et al,
Defendant.

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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 September 17, 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.

Curtis Lee Henderson H-43488
Corcoran State Prison
D3-130
P.O. Box 5242
Corcoran, CA 93212

Dated: September 17, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk