Jones v. Mayberg et al

Filing 25

ORDER Addressing Motion Requesting Service Status (Doc. 22 ), signed by Magistrate Judge Sheila K. Oberto on 1/22/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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OSCAR W. JONES,

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CASE NO. 1:10-cv-01530-SKO PC
Plaintiff,

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ORDER ADDRESSING MOTION
REQUESTING SERVICE STATUS

v.
(Doc. 22)

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STEPHEN MAYBERG, et al.,

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Defendants.
/

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Plaintiff Oscar W. Jones, a former civil detainee proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 25, 2010. On January 14, 2013,

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Plaintiff filed a motion seeking the status of service of process on Defendant Bryant.

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On January 17, 2013, the United States Marshal returned service un-executed. (Doc. 23.)

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Based on the memoranda attached to the USM-285 form, the Court issued an order on January 22,

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2013, directing the Marshal to attempt re-service. (Docs. 23, 24.) The Court recognizes Plaintiff’s

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concern regarding the passage of time, but Plaintiff may be assured that the Court monitors service

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and will issue any necessary orders. If service is not effected and upon review, the Court determines

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that the statutory duty to serve on Plaintiff’s behalf cannot be properly discharged, it will direct re-

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service, as it did in this case.

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Based on the foregoing information and the separate issuance of the second service order,
Plaintiff’s motion for a status report is HEREBY DEEMED ADDRESSED.

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IT IS SO ORDERED.

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Dated:
ie14hj

January 22, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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