Fugawa v. Trimble et al

Filing 13

ORDER RESOLVING Status Inquiry re 12 , signed by Magistrate Judge Sheila K. Oberto on 1/5/12. (Marrujo, C)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

PETER FUGAWA,

10

Plaintiff,

11
12

CASE NO. 1:11-cv-00966-SKO PC
ORDER RESOLVING STATUS INQUIRY

v.

(Doc. 12)

ROBERT TRIMBLE, et al.,

13

Defendants.
/

14
15

Plaintiff Peter Fugawa, a state prisoner proceeding pro se and in forma pauperis, filed this

16

civil rights action pursuant to 42 U.S.C. § 1983 on June 13, 2011. On September 30, 2011, the Court

17

screened Plaintiff’s complaint and ordered him to either file an amended complaint or notify the

18

Court that he was willing to proceed only on the excessive force claim against Defendant

19

DeArmond, which the Court found to be cognizable. In response, Plaintiff filed an amended

20

complaint on November 14, 2011.

21

On January 3, 2012, Plaintiff inquired about the status of the service documents for

22

Defendant DeArmond. As Plaintiff was notified in the order, he would be provided with service

23

documents if he elected to proceed only on the claim found to be cognizable. Because Plaintiff

24

elected to file an amended complaint rather than notify the Court that he was willing to proceed

25

without amendment, no service documents will be forthcoming at this time. The Court has a large

26

number of civil cases pending before it and therefore, Plaintiff’s amended complaint will be screened

27

in due course.

28

///
1

1

Accordingly, Plaintiff’s status inquiry is HEREBY DEEMED RESOLVED.

2
3

IT IS SO ORDERED.

4

Dated:
ie14hj

January 5, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2