Oden v. State of California, et al.

Filing 43

ORDER DISCHARGING 41 Order to Show Cause Why Defendant Thomas Should Not Be Dismissed From This Action for Failure to Provide Sufficient Information to Effectuate Service signed by Magistrate Judge Barbara A. McAuliffe on 10/17/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK JESUS ODEN, 12 Plaintiff, 13 14 v. STATE OF CALIFORNIA, et al., 15 Case No. 1:14-cv-00873-LJO-BAM (PC) ORDER DISCHARGING ORDER TO SHOW CAUSE WHY DEFENDANT THOMAS SHOULD NOT BE DISMISSED FROM THIS ACTION FOR FAILURE TO PROVIDE SUFFICIENT INFORMATION TO EFFECTUATE SERVICE Defendants. (ECF No. 41) 16 17 I. Introduction 18 Plaintiff Derrick Jesus Oden (“Plaintiff”), a state prisoner proceeding pro se and in forma 19 pauperis, initiated this civil rights action pursuant to 42 U.S.C. § 1983 on June 9, 2014. This 20 action proceeds on Plaintiff’s third amended complaint, filed on September 16, 2015, against 21 Defendants J. Acebedo, S. Swaim, and R. Thomas for deliberate indifference to a serious risk in 22 violation of the Eighth Amendment. 23 II. Service by the United States Marshal 24 On August 7, 2017, following screening of the third amended complaint, the Court issued 25 an order directing the United States Marshal to initiate service of process in this action upon 26 Defendants Acebedo, Swaim, and Thomas. (ECF No. 37.) On October 10, 2017, the United 27 States Marshal filed a return of service unexecuted as to Defendant Thomas. (ECF No. 39.) 28 On October 13, 2017, the Court issued an order for Plaintiff to show cause why Defendant 1 1 Thomas should not be dismissed from this action under Federal Rule of Civil Procedure 4(m) for 2 failure to effectuate service. (ECF No. 41.) That same day, the United States Marshal filed 3 returns of service executed as to Defendants Acebedo, Swaim, and Thomas, dated October 12, 4 2017. 5 6 In light of the waivers of service returned executed for all Defendants, the order to show cause (ECF No. 41) is HEREBY DISCHARGED. 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara October 17, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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