McNeil v. Hayes et al

Filing 150

ORDER Denying Plaintiff's Motion As Moot (Doc. 149 ), signed by Magistrate Judge Sheila K. Oberto on 9/4/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL MCNEIL,
Plaintiff,

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Case No. 1:10-cv-01746-AWI-SKO (PC)
DENYING PLAINTIFF’S MOTION AS
MOOT

v.
(Doc. 149)

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LVN HAYES, et al.,

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Defendants.
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Plaintiff Michael McNeil, a state prisoner proceeding pro se, filed this civil rights action

17 pursuant to 42 U.S.C. § 1983 on September 23, 2010. To date, the United States Marshals
18 (“USM”) Office has been unable to locate and serve Defendant Aron Rotman, M.D. On August
19 21, 2014, Plaintiff filed a motion seeking leave to submit a new USM-285 form for Defendant
20 Rotman, based on Plaintiff’s receipt of a new address.
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The USM, Sacramento Division, is aware of the new address provided by Plaintiff, and

22 staff recently prepared a new service packet and forwarded it to the Central District for personal
23 service. The Court anticipates that an attempt to personally serve Defendant Rotman will occur in
24 the near future. Accordingly, Plaintiff’s motion is DENIED as moot.
IT IS SO ORDERED.
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Dated:

September 4, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE