Cleon Neal Jones v. Dr Ajmel Sangha MD et al
Filing
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ORDER Directing Service. The Court directs the Government Attorney assigned to this case to contact the litigation coordinator at Centinela State Prison in order to obtain a current address for Pulido. The Court directs the Government Attorney to provide any such information to the U.S. Marshal in a confidential memorandum. The U.S. Marshal should then use that information to serve the summons and First Amended Complaint on Pulido. Signed by Judge Gonzalo P. Curiel on 3/8/17.(All non-registered users served via U.S. Mail Service)(dlg)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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CLEON NEAL JONES,
Case No.: 3:14-cv-2828-GPC-PCL
Plaintiff,
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v.
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DR. AJMEL SANGHA, M.D.; K.
WYATT, RN; DR. IRENE PULIDO,
M.D.,
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ORDER DIRECTING SERVICE
Defendants.
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On March 23, 2015, the Court directed the U.S. Marshal to effect service of the
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First Amended Complaint on Irene Pulido and Ajmel Sangha. Dkt. No. 7. The summons
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as to Defendant Sangha was returned executed on June 17, 2015. Dkt. No. 14. The
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summons as to Irene Pulido, however, was returned unexecuted. Dkt. No. 15. It appears,
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from the U.S. Marshal’s records, that Pulido could not be served because she did not live
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at the disclosed address and because she had moved to an unknown location. Id.
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Almost a year later, the U.S. Marshal made yet another attempt to serve Pulido.1
See Dkt. No. 42. Again, the summons was returned unexecuted. Id. It appears from the
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It is unclear from the docket what prompted this second attempt.
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3:14-cv-2828-GPC-PCL
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U.S. Marshal’s records that the officials were yet again unable to locate Pulido, although
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they were able to make contact with an unknown individual who informed them that
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Pulido “was on maternity leave with no return date given.” Id.
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Under Fed. R. Civ. P. 4(m), “[i]f a defendant is not served within 90 days after the
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complaint is filed, the court—on motion or on its own after notice to the plaintiff—must
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dismiss the action without prejudice against that defendant or order service be made
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within a specified time.” Here, over a year and a half have elapsed since Plaintiff filed
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his FAC and yet Pulido has never been served. Accordingly, the Court directs the
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Government Attorney assigned to this case to contact the litigation coordinator at
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Centinela State Prison in order to obtain a current address for Pulido. In the event that
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the litigation coordinator has relevant information on Pulido’s whereabouts, the Court
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directs the Government Attorney to provide any such information to the U.S. Marshal in
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a confidential memorandum. The U.S. Marshal should then use that information to serve
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the summons and First Amended Complaint on Pulido.
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If, however, Pulido is not served within ninety (90) days of this order, the Court
will dismiss the FAC against her without prejudice.
IT IS SO ORDERED.
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Dated: March 8, 2017
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3:14-cv-2828-GPC-PCL
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