MacGregor v. Martin et al

Filing 25

ORDER Denying 13 Motion to Appoint Counsel ; Denying 15 , 20 Motion to Stay Pending Appointment of Counsel; Denying 17 Motion for Appointment of Counsel and Motion to Stay Proceedings by Judge Ronald M. Whyte. (jgS, COURT STAFF) (Filed on 2/18/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN A. MACGREGOR,
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Plaintiff,
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v.
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DR. MARTIN, et al.,
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Defendants.
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No. C 13-2309 RMW (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL;
DENYING MOTION FOR STAY OF
PROCEEDINGS; DENYING
MOTION TO TAKE JUDICIAL
NOTICE
(Docket Nos. 13, 15, 17 & 20)

Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint against prison

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officials at San Quentin State Prison (“SPSP”), pursuant to 42 U.S.C. § 1983. On August 12,

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2013, the court screened plaintiff’s complaint and dismissed claims against two of four named

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defendants. Notices of lawsuit and requests for waiver of service of summons were sent to the

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remaining defendants, Nurse Yan and Dr. Martin. The request for waivers were returned

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unexecuted because the defendants were “not at San Quentin.” (Docket Nos. 9 and 10.) On

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October 23, 2013, the court directed plaintiff to provide the court with accurate and current

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location information for defendants Nurse Yan and Dr. Martin within thirty days or plaintiff’s

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claims against these defendants would be dismissed without prejudice pursuant to Rule 4(m) of

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the Federal Rules of Civil Procedure. (Docket No. 12.) Plaintiff has filed a response to the

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court’s October 23, 2013 order. (Docket No. 23.) Plaintiff has also filed a motion for

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Order Denying Mot. for Appt. of Counsel; Denying Mot. for Stay of Proceedings; Denying Mot. to Take Judicial
Notice
G:\PRO-SE\RMW\CR.13\MacGregor309misc.wpd

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appointment of counsel (docket no. 13), motions to stay these proceedings pending appointment

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of counsel (docket nos. 15 and 20), and a motion to take judicial notice of adjudicated facts in

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support of his motions for appointment of counsel and motions to stay proceedings, (docket no.

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17).

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In response to the court’s order directing plaintiff to provide accurate and current location

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information at which defendants may be served, plaintiff details the actions he has taken in an

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attempt to obtain the full names and whereabouts of defendants. (Docket No. 23.) He has not

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been able to obtain the current whereabouts of defendants. However, plaintiff asserts that

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defendants “Dr. Martin and Nurse A. Yan were employed with San Quentin Neumiller Infirmary

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between 2004 to approx 2008.” (Id.) In the interest of justice, the court requests that the SQSP

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Litigation Coordinator determine whether defendants Doctor Martin and Nurse A. Yan,

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identified as having worked at SQSP Neumiller Infirmary between 2004 to approximately 2008,

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were former employees of SQSP, and if so whether they are still employed with the California

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Department of Corrections and Rehabilitation (“CDCR”), and to provide the court with current

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employment addresses for the defendants. If they are former employees but no longer employed

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with CDCR, the Litigation Coordinator is requested to provide forwarding addresses, or notice

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that such information is not available.

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Plaintiff’s request for counsel (docket no. 13), is DENIED for want of exceptional

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circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v.

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Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a

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civil case). Plaintiff’s motions to stay these proceedings pending appointment of counsel (docket

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nos. 15 and 20), and motion to take judicial notice of adjudicated facts in support of his motions

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for appointment of counsel and motion to stay proceedings (docket No. 17) are also DENIED

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accordingly.

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Order Denying Mot. for Appt. of Counsel; Denying Mot. for Stay of Proceedings; Denying Mot. to Take Judicial
Notice
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CONCLUSION
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Plaintiff’s motion for appointment of counsel (docket no. 13), motions to stay

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proceedings pending appointment of counsel (docket nos. 15 and 20), and motion to take judicial

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notice of adjudicated facts in support of his motion for appointment of counsel and motion to

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stay proceedings (docket no. 17) are DENIED.

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2.

The clerk of the court shall forward a copy of this order to the Litigation

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Coordinator at San Quentin State Prison, San Quentin, CA 94964. The clerk shall also mail a

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courtesy copy of this order to the Attorney General’s Office at 455 Golden Gate Avenue, Suite

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11000, San Francisco, CA 94102-7004.

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3.

In the interest of the justice, the Litigation Coordinator at San Quentin State

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Prison is requested to provide to the court the current employment status for defendants Nurse

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Yan and Dr. Martin, and any available forwarding addresses, or notice that such information is

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not available, within thirty (30) days from the date this order is filed.

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order Denying Mot. for Appt. of Counsel; Denying Mot. for Stay of Proceedings; Denying Mot. to Take Judicial
Notice
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G:\PRO-SE\RMW\CR.13\MacGregor309misc.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

KEVIN ANTHONY MACGREGOR,

Case Number: CV13-02309 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
DOCTOR MARTIN MD 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 February 18, 2014, 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.

Kevin A. MacGregor V-94008
#11-147L
California State Prison - Solano
PO Box 4000
Vacaville, CA 95696
Dated: February 18, 2014
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk