Dasenbrock v. Kings County et al

Filing 115

ORDER Dismissing 96 Motion Directing Personal Service; ORDER Denying 106 Motion for Third Part Discovery, signed by Magistrate Judge Dennis L. Beck on 12/25/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBIN DASENBROOK,

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Plaintiff,
v.

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A. ENENMOH, et al.,
Defendants.

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Case No.: 1:11-cv-01884 AWI DLB PC
ORDER DISMISSING MOTION DIRECTING
PERSONAL SERVICE
[ECF No. 96]
ORDER DENYING MOTION FOR THIRD PARTY
DISCOVERY
[ECF No. 106]

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Plaintiff Robin Dasenbrook (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding against

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Defendants Enenmoh, Page, Perez, and blonde Doe 1 for claims of negligence and deliberate

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indifference to a serious medical need in violation of the Eighth Amendment.

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On October 9, 2014, Plaintiff filed a motion seeking an order directing the U.S. Marshals

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Service to contact the Legal Affairs Division of the California Department of Corrections and

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Rehabilitation (“CDCR”) and request the assistance of a special investigator to locate Defendant

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Perez. On December 15, 2014, a Waiver of Service of Summons was returned executed by Defendant

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Perez. Therefore, Plaintiff’s motion is moot.

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On November 17, 2014, Plaintiff filed a motion requesting leave of court to conduct third party
discovery on a non-party in an effort to locate Defendant Perez. As stated above, Defendant Perez has
executed and filed a waiver of service. Plaintiff’s motion is moot.

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ORDER
Accordingly, IT IS HEREBY ORDERED:
1) Plaintiff’s motion seeking an order directing the U.S. Marshals Service to contact the Legal
Affairs Division of the CDCR is DENIED as moot;
2) Plaintiff’s request for an order permitting discovery on a non-party is DENIED as moot.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

December 25, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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