King v. Deathriage et al
Filing
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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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