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Norwood v. Woodford

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 29, 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 GRANTING REQUEST FOR [Doc. No. 50] EXTENSION OF TIME

On January 25, 2008, Deputy Attorney General Sylvie P. Snyder filed a declaration and request for extension of time to comply with the Court's January 11, 2008 Order, which required Ms. Snyder to obtain Defendant Torres' last known contact information from the California Department of Corrections and Rehabilitation ("CDCR") and provide this information to the U.S. Marshal in a confidential memorandum in order to permit service to be effected upon Torres. See Doc. No. 47.

According to Ms. Snyder's declaration, she is in the process of working with the CDCR's legal section and the litigation coordinator at Calipatria State Prison, who are attempting to obtain authorization from Torres for the CDCR to accept service on his behalf. Snyder Decl., ¶ 3. Ms. Snyder expects to have a response from the CDCR and/or the litigation coordinator within two weeks. Id., ¶ 6.

Again, the Court's January 11, 2008 Order required Ms. Snyder to obtain Defendant Torres' last known contact information from the CDCR and provide this information to the U.S. Marshal. Thus, the Court's Order did not contemplate that authorization be obtained from Defendant Torres for the CDCR to accept service on his behalf. Although the Court hereby GRANTS the request for a two week extension of time to comply with its Order, the Court reiterates that Deputy Attorney General Snyder has been ordered to obtain Defendant 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. If the CDCR does not obtain authorization to accept service on behalf of Defendant Torres, the Deputy Attorney General shall nonetheless fully comply with the January 11, 2008 Order on or before February 8, 2008. If 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 February 8, 2008.

IT IS SO ORDERED.

20080129

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