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Eckstrom v. Beard, 2:16-cv-0275 KJM AC P. (2019)

Court: District Court, E.D. California Number: infdco20191220b68 Visitors: 7
Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. 1983. By order filed November 18, 2019, this court found that plaintiff's Second Amended Complaint (SAC) states claims against four defendants and directed the California Department of Corrections and Rehabilitation (CDCR) to electronically serve the defendants. ECF No. 53. Three of the defendants have appeared and waived
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ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. By order filed November 18, 2019, this court found that plaintiff's Second Amended Complaint (SAC) states claims against four defendants and directed the California Department of Corrections and Rehabilitation (CDCR) to electronically serve the defendants. ECF No. 53. Three of the defendants have appeared and waived service of process. ECF No. 60. Attempted service on the fourth defendant, John Dovey, was unsuccessful. ECF No. 58.

Defendant Dovey is sued in both his individual and official capacities, the latter in his role as a former Director of California Correctional Health Care Services (CCHCS). ECF No. 53. As this court previously noted, "[a]lthough Dovey must be personally served for plaintiff to pursue his personal capacity claim against him, service on Dovey in his official capacity may be accomplished by serving the acting director of CCHCS or the person designated by that agency to accept such service." ECF No. 53 at 10 n.5. The court noted that the position of CCHCS Director appeared to be vacant at that time. Id. at 9 n.4.

Given the importance of Dovey's prior position, it is reasonable to infer that CDCR has obtained his current address for purposes of service. CDCR is also the entity with easiest access to information about the current or acting director of CCHCS. Accordingly, the court requests that Deputy Attorney General (DAG) Caitlin R. Smith, designated counsel for defendants Benson, Eldridge and Barker, contact CDCR for the information necessary to serve process on both (1) defendant Dovey and (2) the current or acting director of CCHCS. If this inquiry shows that Dovey has a current business address, defense counsel shall provide it to both plaintiff and the court. If only defendant Dovey's personal address is available, it may be filed with the court pursuant to a sealing request and order. The name and business address for the current or acting director of CCHCS (or the person designated to receive process on behalf of CCHCS) shall be provided to both plaintiff and the court. The court requests that DAG Smith file and serve a response within twenty-one (21) days after the filing date of this order.

Source:  Leagle

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