Gomez v. Hedgepeth et al
Filing
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ORDER Denying 19 MOTION to Appoint Counsel and Granting in part Plaintiff's Request to Locate Defendants. Signed by Judge Thelton E. Henderson on 08/02/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/3/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID MAURICE GOMEZ,
No. C-11-3784 TEH (PR)
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Plaintiff,
ORDER DENYING PLAINTIFF’S
REQUEST FOR APPOINTMENT OF
COUNSEL AND GRANTING IN PART
PLAINTIFF’S REQUEST TO LOCATE
DEFENDANTS
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United States District Court
For the Northern District of California
v.
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A. HEDGEPETH, et al.,
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Defendants.
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/
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Doc. ## 19, 20
Plaintiff’s request for appointment of counsel under 28
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U.S.C. § 1915 (Doc. #19) is DENIED for lack of exceptional
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circumstances.
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1991); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
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The court will consider appointment of counsel on its own motion,
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and seek volunteer counsel to agree to represent plaintiff pro bono,
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if it determines at a later time in the proceedings that appointment
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of counsel is warranted.
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See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.
Plaintiff has also notified the Court that defendant Tyler
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is deceased and requests that the Court locate and serve defendants
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Post and Kittimongcolporn.
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GRANTED IN PART AND DENIED IN PART.
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a status report with the Court by August 10, 2012, indicating
Doc. #20.
Plaintiff’s request is
Defendants are ordered to file
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whether defendant Tyler is deceased and explain why defendant Tyler
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appears to have been served with the Complaint.
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(Notice and Acknowledge of Receipt of Complaint, Summons and Order
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of Service by defendant Tyler).
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that the Court locate and serve defendants Post and
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Kittimongcolporn, Plaintiff is reminded that it is ultimately
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Plaintiff’s responsibility to provide sufficient information to
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allow the Marshal to locate and serve defendants.
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See, e.g., Doc. #12
With regard to Plaintiff’s request
However, in light of Plaintiff’s status in administrative
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segregation and in the interest of expediting proceedings, the Clerk
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of the Court shall send a copy of this order to the Litigation
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Coordinator at Salinas Valley State Prison, who is requested to
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provide to the Court, under seal, any forwarding address information
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and last known address that is available with respect to Drs. Post
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and Kittimongcolporn within thirty days from the filing date of this
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order.
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Marshal to serve defendants Drs. Post and Kittimongcolporn at the
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provided addresses.
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Litigation Coordinator, defendants Drs. Post and Kittimongcolporn
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will be dismissed without prejudice pursuant to Rule 4(m) of the
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Federal Rules of Civil Procedure.
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Upon receipt of such information, the Court will order the
If no further information is available from the
IT IS SO ORDERED.
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DATED
08/02/2012
THELTON E. HENDERSON
United States District Judge
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