Tate v. Cate et al

Filing 39

ORDER Denying Plaintiff's 38 Request for Re-Service of Process, signed by Magistrate Judge Jennifer L. Thurston on 4/20/11. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY TATE,

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Plaintiff,

Case No. 1:09-cv-00770 JLT (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR RE-SERVICE OF PROCESS

vs.
(Doc. 38)

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MATTHEW CATE, et al.,

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Defendants.

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_________________________________/

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On April 18, 2011, Plaintiff filed a request to serve process on Defendant Villasayne for a

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second time. Plaintiff’s request comes after the United States Marshal notified the Court that the

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summons for Defendant Villasayne had been returned unexecuted. (Doc. 28.) The Court, however,

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has already addressed this issue. By order filed February 22, 2011, the Court directed the United

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States Marshal to initiate re-service of process on Defendant Villasayne by contacting the Legal

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Affairs Division of the California Department of Corrections and Rehabilitation.1 (Doc. 29.)

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s April 18, 2011 request for reservice of process on Defendant Villasayne (Doc. 38) is DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated: April 20, 2011

/s/ Jennifer L. Thurston

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Once service is effectuated, Defendant Villasayne has at least sixty days to respond to the complaint if
he waived service, or twenty-one days to respond if he was personally served. See Fed. R. Civ. P. 12(a).

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9j7khi

UNITED STATES MAGISTRATE JUDGE