Mitchell v. Pena, et al.

Filing 25

ORDER Denying Plaintiff's 24 Motion for an Order Directing Service as Moot signed by Magistrate Judge Jennifer L. Thurston on 07/30/2013. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN EDWARD MITCHELL, 12 13 14 15 Plaintiff, v. DEFENDANT NAME, Defendant. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:11-cv-01205 - LJO - JLT ORDER DENYING PLAINTIFF’S MOTION FOR AN ORDER DIRECTING SERVICE AS MOOT (Doc. 24) 17 Plaintiff John Edwards Mitchell (“Plaintiff”) is a state prisoner proceeding pro se in a civil 18 rights case pursuant to 42 U.S.C. § 1983. At present, Plaintiff requests that the Court direct the Clerk 19 of the Court to provide him with service documents to effectuate service on Defendants Indemill and 20 Pena. (Doc. 24). 21 On November 13, 2012, the Court directed the United States Marshal Service to serve 22 Plaintiff’s second amended complaint on Defendants Indemill, Sumaya, and Pena. (Doc. 17). On June 23 7, 2013, Defendant Sumaya appeared through Defense counsel in this matter and filed his motion to 24 dismiss. (Doc. 17). To date, neither Defendant Indemill nor Defendant Pena have been served. 25 However, the November 13, 2012 order remains in effect and the U.S. Marshals will serve these 26 Defendants or notify the Court if service cannot be effectuated in due course. 27 Accordingly, Plaintiff’s motion for an order directing service is DENIED as moot. In the 28 event that Plaintiff possesses updated information as to the whereabouts of Defendants Indemill and 1 1 Pena, he may freely submit such information to the Court. 2 3 4 5 IT IS SO ORDERED. Dated: July 30, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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