McMaster v. Yates, et al

Filing 47

ORDER DISMISSING Defendant Adam Combs from this Case Without Prejudice signed by District Judge Frank R. Zapata on 2/17/2010. A. Combs terminated.(Sant Agata, S)

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The Court notes that this Court, among many others, voluntarily accepted 15 cases from the Eastern District of California as part of the effort to expedite the backlog of pro se prisoner cases in the Eastern District of California. Upon receiving this 2004 case in November of 2008 when it was reassigned to this Court, none of the Defendants had been served and the Court is unfortunately still awaiting results on attempted service as to two other remaining Defendants. The service problems in these cases result in long delays in moving these cases forward, clogs the Court's already heavy docket, and defeats the purpose of voluntarily accepting cases from the Eastern District of California.
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I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA Dana McMaster, Plaintiff, vs. D o c to r Thomas, et al., Defendants. ) ) ) ) ) ) ) ) ) ) N o . CV 1-04-6453-FRZ O rd er

In January of 2010, the Court issued an Order directing one last attempt to serve s e v e ra l Defendants in this case. Among these named Defendants was "Mr. Combs" (a.k.a., " A d a m Coombs, X-Ray Technician"). The Court received a "Process Receipt and Return" f ro m the U.S. Marshals where they attempted further service on this Defendant, but such s e rv ic e was unsuccessful due to the fact that this Defendant has been in a medical coma for th e past two years. See Doc. #46 ("per special investigation at office of legal affairs, in m e d ic a l coma for past 2 years"). As it appears that this Defendant can not participate in his o w n defense and any further attempts at proper service would be futile, IT IS HEREBY O R D E R E D that "Mr. Combs" (a.k.a., "Adam Coombs, X-Ray Technician") is dismissed f ro m this case without prejudice.1 D A T E D this 17 th day of February, 2010.