Landau v. Voss et al

Filing 71

ORDER signed by Magistrate Judge Dennis L. Beck on 5/6/2010 dismissing Defendant, W. T. Voss from action. (Lundstrom, T)

1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 SID LANDAU, 9 10 v. Plaintiff, CASE NO. 1:07-cv-00815-AWI-DLB PC ORDER DISMISSING DEFENDANT W. T. VOSS FROM ACTION

UNITED STATES DISTRICT COURT

11 W. T. VOSS, et al., 12 13 14 15 Plaintiff Sid Landau ("Plaintiff") is a civil detainee proceeding pro se and in forma Defendants. /

16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 19, 2010, the United 17 States Marshal, who must effect service of process on behalf of plaintiffs proceeding in forma 18 pauperis, returned a summons for Defendant W. T. Voss unexecuted. (Doc. 70.) According to 19 the summons, Defendant Voss is deceased. In light of the suggestion in the record of Defendant 20 Voss's death, the Court will dismiss Defendant Voss from this action. 21 Accordingly, it is HEREBY ORDERED that Defendant W. T. Voss is dismissed from

22 this action, without prejudice, pursuant to Federal Rule of Civil Procedure 4(m). 23 24 3b142a 25 26 27 28 1 IT IS SO ORDERED. Dated:

May 6, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE