Mitchell v. Pena, et al.

Filing 28

ORDER DENYING Plaintiff's 27 Second Motion for an Order Directing Service as MOOT, signed by Magistrate Judge Jennifer L. Thurston on 8/19/2013. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN EDWARD MITCHELL,

12

Plaintiff,

13
14

v.
PENA, et al.,

15

Defendant.

16

)
)
)
)
)
)
)
)
)
)

Case No.: 1:11-cv-01205 - LJO - JLT
ORDER DENYING PLAINTIFF’S SECOND
MOTION FOR AN ORDER DIRECTING
SERVICE AS MOOT
(Doc. 27)

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. Plaintiff again requests that the Court direct service of the

19

complaint on Defendants Indermill and Pena. (Doc. 27).

20

On July 30, 2013, the Court denied Plaintiff’s prior request for an order directing service.

21

(Doc. 25). Namely, the Court advised Plaintiff that its first order directing service of his complaint

22

remained in effect and the U.S. Marshals will serve Defendants Indermill and Pena in due course. Id.

23

The Court further advised Plaintiff that he may voluntarily submit updated information as to the

24

whereabouts of Defendants Indermill and Pena to further effectuate service; which Plaintiff has not

25

done. Id. Plaintiff provides no further grounds for the Court to reconsider its prior order.

26

///

27

///

28

///
1

1
2

Accordingly, the Court HEREBY DENIES Plaintiff’s request for a second order directing
service (Doc. 27) as MOOT.

3
4
5
6

IT IS SO ORDERED.
Dated:

August 19, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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