Johnson v. Cate et al

Filing 24

ORDER Granting Plaintiff's 23 Motion to Extend Time to Complete Service and File Service Documents signed by Magistrate Judge Michael J. Seng on 02/13/2013. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 GARRISON S. JOHNSON, CASE No. 1:10-cv-02348-LJO-MJS (PC) 10 Plaintiff, 11 ORDER GRANTING PLAINTIFF’S MOTION TO EXTEND TIME TO COMPLETE SERVICE AND FILE SERVICE DOCUMENTS v. 12 13 CATE, et al., (ECF Nos. 19, 23) 14 Defendants. 15 / 16 17 Plaintiff Garrison S. Johnson, a state prisoner proceeding pro se, filed this civil 18 rights action on December 16, 2010 pursuant to 42 U.S.C. § 1983. (Compl., ECF No. 19 1.) 20 This matter proceeds on Plaintiff’s First Amended Complaint (First Am. Compl., 21 ECF No. 8) against Defendant Doran for violation of Plaintiff’s rights under the 22 Fourteenth Amendment Equal Protection Clause. (Order Requiring Plaintiff Amend or 23 Notify, ECF No. 9; Notice, ECF No. 10.) 24 On July 6, 2012, the Court issued its Order instructing Plaintiff, who is not 25 proceeding in forma pauperis, on service of process and directing that service be 26 completed on Defendant Doran (the only remaining Defendant) by November 7, 2012.1 27 28 1 Plaintiff has paid the filing fee in full for initiating this action. Receipt No. CAE100013403. 1 1 (Order Instructing, ECF No. 13.) On November 14, 2012, the Court denied Plaintiff’s 2 motion for permission to proceed in forma pauperis for service of summons and 3 complaint by the United States Marshall, but extended the service deadline to February 4 6, 2013 and ordered the Court Clerk to re-issue service instructions and documents. 5 (Order Den. Mot. for IFP re Service, ECF 19.) Pending before the Court is Plaintiff’s motion for thirty (30) day extension of time 6 7 to complete service upon Defendant Doran and file service documents with the Court. 8 (Mot. Ext. Time for Service, ECF No. 23.) Good cause having been presented to the Court and GOOD CAUSE 9 10 APPEARING THEREFOR, IT IS HEREBY ORDERED that Plaintiff’s motion for 11 extension of time to complete service on Defendant Doran (ECF No. 23) is GRANTED 12 such that Plaintiff shall complete service of process on Defendant Doran and file 13 service documents with the Court by not later thirty (30) days following service of this 14 Order. 15 16 17 18 19 20 21 IT IS SO ORDERED. 22 Dated: 12eob4 February 13, 2013 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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