Oliverez v. Aibitre et al

Filing 41

ORDER DENYING AS MOOT 39 Plaintiff's Motion for Re-Service signed by Magistrate Judge Sheila K. Oberto on 1/11/2012. (Jessen, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
LOUIS OLIVEREZ, JR.,

CASE NO. 1:09-cv-00352-LJO-SKO PC

9
Plaintiff,

ORDER DENYING MOTION AS MOOT

10
v.

(Doc. 39)

11
BEN ALBITRE, et al.,
12
Defendants.
13
/
14
15

On January 9, 2012, Plaintiff Louis Oliverez, Jr., a state prisoner proceeding pro se and in

16

forma pauperis in this civil rights action, filed a motion seeking re-service of Defendants’ motion

17

for summary judgment, which the Court referred to in its order of January 4, 2012.

18

A review of the record shows that Plaintiff filed a notice of change of address to Sierra

19

Conservation Center on June 16, 2011, but Defendants served their motion for summary judgment

20

on Plaintiff at California State Prison-Corcoran. However, on January 10, 2012, Defendants filed

21

a notice stating that they discovered their mistake following receipt of Plaintiff’s motion, and they

22

have corrected their records and re-served their motion for summary judgment.

23

Accordingly, Plaintiff’s motion for re-service is now moot and it is DENIED on that ground.

24
25

IT IS SO ORDERED.

26

Dated:
ie14hj

January 11, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

27
28
1