Rodriguez v. O'hara

Northern District of California, cand-4:2014-cv-05646

ORDER DIRECTING CLERK TO REISSUE SUMMONS. Signed by Judge Haywood S. Gilliam, Jr. on 2/19/2015.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JOSE A. RODRIGUEZ, 7 Case No. 14-cv-05646-HSG (PR) Plaintiff, 8 v. ORDER DIRECTING CLERK TO 9 REISSUE SUMMONS DEPUTY SHERIFF OHERA, 10 Defendant. 11 12 Northern District of California United States District Court 13 Plaintiff, an inmate at the Solano County Jail, filed the instant pro se civil rights action 14 pursuant to 42 U.S.C. § 1983, alleging deprivations of his constitutional rights by the actions of 15 defendant Deputy Sheriff Ohera at the West County Detention Facility in Richmond, California, 16 where he was formerly incarcerated. On January 30, 2015, the Court directed the Clerk to prepare 17 the summons for service of the complaint upon defendant Ohera and the United States Marshal to 18 effectuate such service. On February 6, 2015, the Marshal returned the summons unexecuted. 19 The Court notes that the order of service and summons misspelled defendant's name as 20 "Ottera" rather than "Ohera." The failure to serve this defendant was at no fault of plaintiff. 21 Accordingly, the Court will reissue summons. 22 CONCLUSION 23 1. The Clerk of the Court shall reissue summons and the United States Marshal shall 24 serve, without prepayment of fees, a copy of the complaint in this matter, all attachments thereto, a 25 copy of the Court Order filed January 30, 2015 (Docket No. 10), and a copy of this Order upon 26 defendant Deputy Sheriff Ohera at the West County Detention Facility in Richmond, 27 California. The Clerk shall also mail a courtesy copy of this order to the Contra Costa County 28 Counsel's Office. 1 2. Defendant shall file a motion for summary judgment or other dispositive motion 2 with respect to the claims in the complaint found to be cognizable, and briefing shall proceed 3 thereafter, in accordance with the schedule and instructions set forth in the Court's Order of 4 Service, filed January 30, 2015. 5 3. The Clerk is directed to correct the spelling of defendant's name on the docket to 6 substitute the name "Ohera" for "Oterra." 7 IT IS SO ORDERED. 8 Dated: 2/19/2015 9 ______________________________________ HAYWOOD S. GILLIAM, JR. 10 United States District Judge 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2