Jackson v. Yates et al

Filing 38

ORDER DENYING Plaintiff's 37 Motion Requesting Court to Order Marshal to Release USM-285 to Establish Proof of Service, signed by Magistrate Judge Barbara A. McAuliffe on 9/25/2012. (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CURTIS RENEE JACKSON, 10 Plaintiff, 11 12 CASE NO. 1:11-cv–00080-LJO-BAM PC ORDER DENYING PLAINTIFF’S MOTION REQUESTING COURT TO ORDER MARSHAL TO RELEASE USM-285 TO ESTABLISH PROOF OF SERVICE v. Y. A. YATES, et al., (ECF No. 37) 13 Defendants. / 14 15 Plaintiff Curtis Renee Jackson is a state prisoner proceeding pro se and in forma pauperis in 16 this civil rights action pursuant to 42 U.S.C. § 1983. On June 7, 2012, an order issued directing the 17 United States Marshal to initiate service of process on the defendants in this action. (ECF No. 33.) 18 On September 24, 2012, Plaintiff filed a motion requesting an order directing the Marshal to release 19 the USM-285 receipts to establish proof of service. (ECF No. 37.) 20 The Marshal is given 120 days in which to effect service in this action. See Fed. R. Civ. P. 21 4(m). The Court is a ware of the service deadline in this action and appropriate action shall be taken 22 by the Court, if necessary, once the deadline has passed. Accordingly, Plaintiff’s motion for an order 23 directing the Marshal to release the USM-285 receipts is HEREBY DENIED. 24 25 IT IS SO ORDERED. 26 Dated: 27 cm411 September 25, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 28 1

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