Zuniga v. Jordan et al

Filing 83

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 2/26/2013 regarding service of 80 MOTION to DISMISS. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LARRY ZUNIGA,

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CASE NO. 1:09-cv-01208-AWI-BAM PC
Plaintiff,

ORDER REGARDING SERVICE OF MOTION
TO DISMISS

v.
(ECF No. 80.)

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CHRIS JORDAN, et al.,

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Defendants.
/

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Plaintiff Larry Zuniga (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s

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complaint, filed July 13, 2009, against Defendants Berke, Torres, Henderson, and Jordan for

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excessive force in violation of the Eighth Amendment. On November 21, 2012, Defendants filed

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a motion to dismiss this action. (ECF No. 80.) On December 3, 2012, Plaintiff filed a notice of

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change of address. (ECF No. 81.)

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There is no indication that Plaintiff was served with a copy of the motion to dismiss at his

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current address. Accordingly, Defendants are directed to file a proof of service within fourteen (14)

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days of the date of this order. The proof of service shall verify that Plaintiff was served with the

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November 21, 2012 motion to dismiss at his current address.

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IT IS SO ORDERED.
Dated:
10c20k

February 26, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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