Moten v. Adams et al

Filing 71

ORDER DENYING Plaintiff's 68 Motion as MOOT; ORDER DENYING Plaintiff's 69 Motion signed by Magistrate Judge Michael J. Seng on 9/27/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JESSE MOTEN,
Plaintiff,

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CASE NO. 1:07-cv-924-AWI-MJS (PC)
ORDER DENYING MISCELLANEOUS
MOTIONS

v.
(ECF Nos. 68 and 69)

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DARRELL G. ADAMS, et al.
Defendants.
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Plaintiff Jesse Moten (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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Plaintiff initiated this action on June 27, 2007. (ECF No. 1). Plaintiff’s Complaint
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was dismissed for failure to state a claim and Plaintiff was given leave to file an amended
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complaint. (ECF No. 17.) Plaintiff filed his First Amended Complaint on August 27, 2009.
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(ECF No. 39.) The Court screened Plaintiff’s First Amended Complaint, which was again
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dismissed for failure to state a claim, and gave Plaintiff leave to file another amended
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complaint. (ECF No. 46.) Plaintiff filed a Second Amended Complaint on March 11, 2011.
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(ECF No. 55.) The Court screened Plaintiff’s Second Amended Complaint, and issued a
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Findings and Recommendation, recommending that all claims except for Plaintiff’s
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excessive force claim against Defendant Gonzales be dismissed. (ECF No. 56.) The
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Court adopted these Findings and Recommendation, dismissed Plaintiff’s claims against
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all Defendants other than the excessive force claim against Defendant Gonzales, and
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ordered service on Defendant Gonzales. (ECF No. 59.) On August 29, 2011, the Court

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ordered Plaintiff to complete the required service documents for service on Defendant

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Gonzales. (ECF No. 70.) Plaintiff was to submit the completed service documents by

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September 27, 2011. (Id.)

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Plaintiff also filed a Motion on May 23, 2011, for Indigent Request for Case Status

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Review and for a Copy of the Docket Sheet to be Forwarded to Plaintiff. (ECF No. 60.)

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The Court granted Plaintiff’s Motion for Case Status Review and ordered the Clerk’s Office

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to forward a copy of the docket sheet to Plaintiff. (ECF No. 67.)

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On July 26, 2011, Plaintiff again filed a Motion for Indigent Request for Case Status

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Review and for a Copy of the Docket Sheet to be Forwarded to Plaintiff. (ECF No. 68.)

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Plaintiff’s Motion should be denied as moot since the Court granted Plaintiff’s Motion on

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the same issues on July 27, 2011.

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On August 16, 2011, Plaintiff also filed a Motion Directing the U.S. Marshall to Effect

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Service Against Defendant Gonzales. (ECF No. 69.) The Court ordered Plaintiff to

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complete the required service forms on August 29, 2011. (ECF No. 70.) Only after these

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forms have been returned to the Court can the Court order the U.S. Marshall to effect

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service on Defendant Gonzales. Plaintiff’s Motion should be denied.

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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s Motion for Indigent Request for Case Status Review and for a Copy

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of the Docket Sheet to be Forwarded to Plaintiff (ECF No. 68) is DENIED as

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moot; and
2.

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Plaintiff’s Motion Directing the U.S. Marshall to Effect Service Against
Defendant Gonzales (ECF No. 69) is DENIED.

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IT IS SO ORDERED.

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Dated:

September 27, 2011

/s/
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Michael J. Seng

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UNITED STATES MAGISTRATE JUDGE

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