King v. Deathriage et al

Filing 25

ORDER denying 19 Request to initiate further service of process as moot signed by District Judge Lawrence J. O'Neill on 5/16/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-00111-LJO-GSA-PC

MICHAEL STEVEN KING,
Plaintiff,

ORDER DENYING REQUEST TO
INITIATE FURTHER SERVICE OF
PROCESS AS MOOT
(Doc. 19.)

vs.
DEATHRIAGE, et al.,

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Defendants.

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Michael Steven King (“Plaintiff”) is a state prisoner proceeding pro se with this civil

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rights action pursuant to 42 U.S.C. § 1983.

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Complaint filed by Plaintiff on January 27, 2014, against defendants Sergeant Deathriage,

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Correctional Officer (C/O) J. Martinez and C/O Briones for use of excessive physical force,

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and against defendant LVN A. Angulo for denial of medical care.1 (Doc. 1.)

This action now proceeds with the original

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On December 29, 2014, Plaintiff filed a request for the court to provide him with new

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USM-285 forms to initiate further service of process. (Doc. 19.) Plaintiff explains that he

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received a letter from defense counsel dated December 11, 2014, which raised his concerns

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whether service of process upon Defendants had been properly completed. (Doc. 19, Exh. A.)

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On October 9, 2014, the Court issued an order dismissing all other claims and defendants from this action, for
failure to state a claim. (Doc. 11.)

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Plaintiff is advised that service of process has been properly completed for all four of

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the Defendants in this action. On December 17, 2014, all four of the Defendants filed waivers

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of service, and on December 29, 2014, all four of the Defendants filed an Answer to the

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Complaint. (Docs. 15, 16.) Therefore, no further service of process is required, and Plaintiff’s

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request shall be denied as moot.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request to initiate further
service of process is DENIED as moot.

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IT IS SO ORDERED.
Dated:

May 16, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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