1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

WINSTON WILLIAMS,

Plaintiff,

v.

L. GAMBOA, et al.,

Defendants.

Case No. 17-cv-00098-JST (PR)

SECOND ORDER OF SERVICE ON 

DEFENDANT PIN-CHIEH CHIANG, 

DO

Plaintiff, an inmate at the California Substance Abuse Treatment Facility proceeding pro

se, filed a complaint under 42 U.S.C. § 1983 regarding claims arising at Salinas Valley State 

Prison (“SVSP”), where he was previously incarcerated. On October 4, 2017, the Court screened

plaintiff’s second amended complaint (“SAC”) and found that plaintiff stated a cognizable Eighth

Amendment claim for deliberate indifference to serious medical needs as against doctors L. 

Gamboa, J. Chudy, P. Chang, and K. Kumar. Defendants Gamboa, Chudy, and Kumar were 

successfully served and have filed a motion for summary judgment. On May 17, 2018, the Court 

dismissed defendant Chang without prejudice after the summons for this defendant was returned 

unexecuted and plaintiff was unable to provide sufficient information to enable service of process 

within the time limits set out in Federal Rule of Civil Procedure 4(m). 

On August 28, 2018, the Court granted plaintiff’s request to correct the spelling of 

defendant Chang’s name to “Chiang” and directed the Marshal to reissue service. On September 

25, 2018, the reissued summons for Dr. P. Chiang was returned unexecuted with the notation 

“According to SVSP, no record of this person ever working there.” ECF No. 45. 

This appears to be an error. Exhibits attacked to Defendants Gamboa, Chudy, and 

Kumar’s motion for summary judgment clearly show that plaintiff was treated by a Pin-Chieh 
2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United States District Court

Northern District of California

Chiang, DO at SVSP. See e.g., ECF No. 38-6 at 13. Furthermore, the declarations of doctors

Chudy and Gamboa both identify a “Dr. Chiang” as plaintiff’s primary care physician at SVSP. 

See ECF Nos. 38-1 at 5, 38-5 at 2. Dr. Kumar’s declaration also acknowledges that plaintiff 

received treatment from a “Dr. Chiang.” See ECF No. 38-9 at 4-5.

Accordingly, the Court orders as follows:

1. The Clerk shall re-issue summons and the United States Marshal shall serve, without 

prepayment of fees, a copy of the second amended complaint in this matter (ECF No. 20), a copy 

of the Court’s October 4, 2017 service order (ECF No. 22), and a copy of this order upon PinChieh Chiang, DO at Salinas Valley State Prison.

2. The Clerk shall send a copy of this order to the Litigation Coordinator at Salinas Valley

State Prison, who is requested to file notice with the Court within twenty-eight (28) days of this 

order as to whether defendant Pin-Chieh Chiang, DO can been identified. If the defendant can be 

identified but is no longer at SVSP, the Litigation Coordinator is requested to provide to the Court 

any forwarding address information and last known address that is available within twenty-eight 

(28) days from the date of this order. A non-CDCR address should be provided under seal.

3. The briefing schedule set forth in the Court’s August 28, 2018 order is VACATED. 

The Court will set a new briefing schedule once all service issues are resolved.

IT IS SO ORDERED.

Dated: October 10, 2018

______________________________________

JON S. TIGAR

United States District Judge