Torrence v. Hseuh et al
Filing
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/1/11 ORDERING that Counsel for defendants shall show cause, within 10 days, why sanctions should not be imposed based on the litigation coordinators interference with thi s courts orders; Counsel for defendants shall take all steps necessary to assist the United States Marshal in obtaining the mailing address for service of process on defendant J. Champion; Clerk of the Court is directed to serve a copy of the 27 un executed summons, this courts 42 order, and a copy of the instant order, on Supervising Deputy Attorney General Monica N. Anderson; Clerk of the Court is directed to serve a copy of the instant order on the USM; Should an address be provided, the USM shall, upon receipt of that address, take all steps necessary to personally serve defendant J. Champion in accordance with this courts 5/26/11 order. (cc USM, Monica Anderson)(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DEAVON E. TORRENCE,
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Plaintiff,
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vs.
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No. 2:10-cv-1222 KJN P
F. HSEUH, et al.,
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ORDER AND
Defendants.
ORDER TO SHOW CAUSE
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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis. On
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November 10, 2010, the court determined that plaintiff’s complaint states a potentially
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cognizable claim for relief against defendant J. Champion. Service directed to defendant J.
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Champion was returned unexecuted, with an attached letter from the litigation coordinator at
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California Medical Facility (“CMF”). The letter was dated February 7, 2011, from B.C.
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Williams, CCII, Litigation Coordinator, CMF, regarding the waiver of service of summons and
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complaint, indicating that B.C. Williams had mailed the “RVR” to Ms. Champion, but no
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response was received. By order filed May 26, 2011, the U.S. Marshal was directed to contact
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B.C. Williams and obtain Ms. Champion’s mailing address so that the U.S. Marshal could
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execute personal service of process on J. Champion. The U.S. Marshal notified the court that the
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CMF litigation coordinator refused to divulge Ms. Champion’s mailing address.
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Pursuant to this court’s prior orders, if defendant did not return a waiver of service
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of summons within sixty days from the date of mailing the request for waiver, the United States
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Marshal was to personally serve process on defendant Champion, “command all necessary
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assistance from the California Department of Corrections and Rehabilitation (CDCR) to execute
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this order,” and “maintain the confidentiality of all information provided by the CDCR pursuant
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to” that order. (Dkt. Nos. 13 & 42.)
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Accordingly, IT IS HEREBY ORDERED that:
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1. Counsel for defendants shall show cause, within ten days, why sanctions
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should not be imposed based on the litigation coordinator’s interference with this court’s orders;
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2. Counsel for defendants shall take all steps necessary to assist the United States
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Marshal in obtaining the mailing address for service of process on defendant J. Champion, and
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shall report to the court within ten days whether counsel has been able to provide a valid address
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to the U.S. Marshal and, if not, why no address can be provided;
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3. The Clerk of the Court is directed to serve a copy of the unexecuted summons
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(dkt. no. 27), this court’s May 26, 2011 order (dkt. no. 42), and a copy of the instant order, on
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Supervising Deputy Attorney General Monica N. Anderson;
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4. The Clerk of the Court is directed to serve a copy of the instant order on the
United States Marshal; and
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5. The U.S. Marshal shall maintain the confidentiality of any address provided by
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counsel for defendants or Supervising Deputy Attorney General Anderson. Should an address be
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provided, the U.S. Marshal shall, upon receipt of that address, take all steps necessary to
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personally serve defendant J. Champion in accordance with this court’s May 26, 2011 order.
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DATED: June 1, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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torr1222.osc
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