Goolsby v. Gonzales et al

Filing 26

ORDER DENYING Plaintiff's 23 24 Motions for Court Order as MOOT signed by Magistrate Judge Gary S. Austin on 2/24/2014. (Sant Agata, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

THOMAS GOOLSBY,

11
12
13

1:11-cv-00394-GSA-PC

Plaintiff,

ORDER DENYING PLAINTIFF=S
MOTIONS FOR COURT ORDER AS
MOOT
(Docs. 23, 24.)

vs.
FERNANDO GONZALES, et al.,

14

Defendants.

15
16

Thomas Goolsby (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis

17

with this civil rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint

18

commencing this action on March 8, 2011. (Doc. 1.) On May 4, 2011, Plaintiff consented to

19

Magistrate Judge jurisdiction in this action pursuant to 28 U.S.C. ' 636(c), and no other parties

20

have made an appearance. (Doc. 6.) Therefore, pursuant to Appendix A(k)(4) of the Local

21

Rules of the Eastern District of California, the undersigned shall conduct any and all

22

proceedings in the case until such time as reassignment to a District Judge is required. Local

23

Rule Appendix A(k)(3). This case now proceeds on Plaintiff’s First Amended Complaint, filed

24

on September 17, 2012, against defendant T. Steadman for retaliation in violation of the First

25

Amendment.1 (Doc. 13.)

26
27
1

28

On April 22, 2013, the court dismissed all remaining claims and defendants from this action based on
Plaintiff’s failure to state a claim. (Doc. 17.)
1

1

On October 28, 2013 and January 15, 2014, Plaintiff filed motions for a court order

2

requiring the United States Marshal (“Marshal”) to file a return of service showing whether

3

defendant Steadman was served with the complaint. (Docs. 23, 24.) In light of the fact that a

4

Waiver of Service signed by defense counsel on behalf of defendant Steadman was filed on

5

February 4, 2014, Plaintiff’s motions are moot.
Accordingly, based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s

6
7

motions filed on October 28, 2013 and January 15, 2014 are DENIED as moot.

8
9
10
11

IT IS SO ORDERED.
Dated:

12
13
14

February 24, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

6i0kij8d

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2