Thomas v. Wilber et al

Filing 54

ORDER Striking Duplicative 53 MOTION to COMPEL, and Requiring Defendants to Re-Serve Opposition and File Amended Certificate of Service within 10 Days signed by Magistrate Judge Sheila K. Oberto on 09/05/2012. Certificate of Service due by 9/18/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JASON LATRELL THOMAS,

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Plaintiff,

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CASE NO. 1:10-cv-00006-AWI-SKO PC
ORDER STRIKING DUPLICATIVE MOTION
TO COMPEL, AND REQUIRING
DEFENDANTS TO RE-SERVE OPPOSITION
AND FILE AMENDED CERTIFICATE OF
SERVICE WITHIN TEN DAYS

v.
M. WILBER, et al.,

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Defendants.

(Doc. 53)
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Plaintiff Jason Latrell Thomas, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on January 4, 2010. On September 4, 2012,

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Plaintiff filed a duplicative motion to compel, which he represents cures a deficiency with his

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original motion to compel as it relates to service by mail and the number of copies provided.

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Plaintiff filed a motion to compel filed on July 2, 2012, and Defendants filed an opposition

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on July 20, 2012. It is unnecessary for Plaintiff to file a duplicative motion to compel, as there are

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no procedural deficiencies to be cured regarding service or the number of copies provided. However,

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the Court notes that Plaintiff filed a notice of change of address to CSP-Sacramento on July 16,

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2012, but Defendants served their opposition on Plaintiff at his previous institution.

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Accordingly, Plaintiff’s duplicative motion to compel is HEREBY STRICKEN from the

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record; and within ten (10) days from the date of service of this order, Defendants SHALL re-serve

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their opposition on Plaintiff at his current address and file an amended certificate of service with the

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Court.

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IT IS SO ORDERED.

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Dated:
ie14hj

September 5, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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