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