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Norwood v. Woodford

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 11, 2008

GREGORY LYNN NORWOOD, PLAINTIFF,
v.
JEANNE WOODFORD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jan M. Adler U.S. Magistrate Judge

ORDER CONFIRMING DECEMBER 26, 2007 ORDER GRANTING PLAINTIFF'S MOTION THAT THE COURT ORDER SERVICE UPON DEFENDANTS

On December 26, 2007, this Court issued an Order Granting Plaintiff's Motion that the Court Order Service Upon Defendants.

Doc. No. 40. The Order required the Deputy Attorney General assigned to this case to provide the forwarding addresses for Defendants Bourland and Torres to the U.S. Marshal in a confidential memorandum.

On December 31, 2007, Deputy Attorney General Sylvie P. Snyder filed a Statement of Inability to Comply With the Court's Order (hereinafter "Statement"). See Doc. No. 42. The Statement asserts that while the Deputy Attorney General is working on submitting a waiver of service of summons on behalf of Defendant Bourland, service cannot be waived as to Defendant Torres. The Statement further claims that the Deputy Attorney General has no means of obtaining Torres' forwarding information.

The Court has reviewed and considered the Deputy Attorney General's Statement, and finds none if its arguments to be persuasive. The Court finds that the Deputy Attorney General has the ability to obtain Defendant Torres' last known address from the California Department of Corrections and Rehabilitation ("CDCR"), which is the entity that formerly employed Defendants Bourland and Torres and to which the Attorney General is clearly reporting in the course of its representation of the defendants in this action. Furthermore, the Court finds that the privacy concerns raised by the Attorney General are meritless, as the Court previously ordered that Defendant Torres' last known contact information be provided only to the U.S. Marshal on a confidential basis. Accordingly, the Court CONFIRMS its previous Order of December 26, 2007. The Deputy Attorney General assigned to this case is ORDERED to obtain Torres' last known contact information from the CDCR, and provide this information to the U.S. Marshal in a confidential memorandum indicating that the summons and complaint is to be delivered to the specified address. The Deputy Attorney General shall provide the U.S. Marshal with any such information on or before January 25, 2008. f the Deputy Attorney General is not able to locate an address for Defendant Torres, she shall file a Declaration with the Court to that effect by no later than January 25, 2008.

IT IS SO ORDERED.

20080111

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