Baker v. Alva et al

Filing 15

ORDER DENYING AS MOOT Plaintiff's 14 Motion for Service Documents signed by Magistrate Judge Michael J. Seng on 11/7/2014. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TOMMIE LEE BAKER, Case No. 1:14-cv-01020-AWI-MJS (PC) 12 Plaintiff, ORDER DENYING AS MOOT PLAINTIFF’S MOTION FOR SERVICE DOCUMENTS (ECF No. 14) 13 14 15 16 17 18 v. J. ALVA, et al., Defendant(s). Plaintiff Tommie Lee Baker is proceeding pro se and in forma pauperis in this civil rights action filed June 30, 2014 pursuant to 42 U.S.C. § 1983. On September 17, 19 20 2014, the undersigned issued Findings and Recommendations that Plaintiff proceed 21 with his failure to protect claim against Defendants Alva, Mendoza, Franco and 22 O’Daniels, that he initiate service on these Defendants and that service documents be 23 issued to Plaintiff. 24 25 On September 29, 2014, Plaintiff filed a motion requesting the service documents referenced in the Findings and Recommendations. 26 On October 29, 2014, the District Judge assigned to this case adopted in full the 27 28 Findings and Recommendations, ordering initiation of service on Defendants Alva, 1 1 Mendoza, Franco and O’Daniels, directing the Court Clerk to provide Plaintiff with 2 service documents and denying as moot Plaintiff’s September 29, 2014 motion 3 4 requesting service documents. Before the Court is Plaintiff’s October 31, 2014 motion requesting service 5 6 documents referenced in the Findings and Recommendations. The October 31, 2014 7 motion is unnecessary. The October 29, 2014 Order Adopting Findings and 8 Recommendations directed the Clerk to send Plaintiff service documents. The Findings 9 and Recommendations for initiation of service and issuance of service documents 10 became effective upon adoption by the District Judge. (See ECF No. 11 at 8:1-10.) 11 Accordingly, for the reasons stated, Plaintiff’s October 31, 2014 motion 12 requesting service documents (ECF No. 14) is DENIED as moot. 13 14 15 IT IS SO ORDERED. 16 Dated: November 7, 2014 /s/ 17 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?