Hernandez v. Smith et al

Filing 33

ORDER Regarding Plaintiff's Motion Requesting Status of Service of Defendant R.D. Smith 31 , signed by Magistrate Judge Stanley A. Boone on 12/3/13. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RAUL HERNANDEZ,

12

Plaintiff,

13

v.

14

T. SMITH, et al.,

15

Case No. 1:09-cv-00828-AWI-SAB
ORDER REGARDING PLAINTIFF’S MOTION
REQUESTING STATUS OF SERVICE OF
DEFENDANT R.D. SMITH
[ECF No. 31]

Defendants.

16
Plaintiff Raul Hernandez is a state prisoner appearing pro se and in forma pauperis in this

17
18

civil rights action pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s motion requesting the status of service of

19
20

process on Defendant R.D. Smith, filed November 14, 2013.

21

Defendant L.Kirk has made an appearance in the action by filing a answer to the complaint on

22

November 5, 2013. However, Defendant R.D. Smith has not yet made an appearance.

23

///

24

///

25

///

26

///

27

///

28

///
1

Plaintiff acknowledges that

1

Plaintiff is advised that the United States Marshal is still in the process of attempting to

2

locate and service Defendant R.D. Smith.

The Court will inform Plaintiff of any further

3

information regarding the service as soon as it becomes available.

4
5
6

IT IS SO ORDERED.
Dated:

December 3, 2013
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2