Wheeler v. Alison et al

Filing 83

ORDER DISCHARGING 63 Order to Show Cause and DENYING 53 Request for Reimbursement signed by Magistrate Judge Dennis L. Beck on 3/26/2014. (Jessen, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11

ERIC WHEELER,

12
13
14
15

Plaintiff,
vs.
ALISON, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

1:12cv00861 LJO DLB PC
ORDER DISCHARGING ORDER TO
SHOW CAUSE AND DENYING
REQUEST FOR REIMBURSEMENT
(Documents 53, 63)

16
17
18
19
20
21
22

Plaintiff Eric Wheeler (“Plaintiff”), a state prisoner proceeding pro se and in forma
pauperis, filed this civil rights action filed on May 25, 2012.
On February 19, 2014, the Court provided Defendant Ross with an opportunity to
respond to the United States Marshal’s request for reimbursement for personal service.
Defendant Ross provided a response on March 20, 2014. Having reviewed the response,

23

the Court finds that Defendant Ross has demonstrated good cause for failing to return the waiver.
24
25
26

At the time the waiver was mailed, Defendant Ross had changed employment and was no longer
employed with CDCR. He did not receive the waiver.

27
28
1

1
2

Accordingly, the Court DISHCARGES the order to show cause and DENIES the United
States Marshal’s request for reimbursement.

3
4

IT IS SO ORDERED.

5

Dated:
6

/s/ Dennis

March 26, 2014

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

7
8

L. Beck

3b142a

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