Blair v. CDCR et al

Filing 29

ORDER DENYING 27 Motion for Service BY US Marshal as Unnecessary, signed by Magistrate Judge Stanley A. Boone on 1/25/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY C. BLAIR,

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Plaintiff,
v.
CDCR, et al.,
Defendants.

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Case No.: 1:14-cv-01156-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
SERVICE BY THE UNITED STATES MARSHAL
AS UNNECESSARY
[ECF No. 27]

Plaintiff Perry C. Blair is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s motion requesting the status of service on
Defendants by the United States Marshal, filed January 22, 2016.
On December 9, 2015, the Court directed the United States Marshal to serve the second

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amended complaint on Defendants J. Alva, A. Chan, O’Daniels, F. Franco, J. Johnson, A. Santos,

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O.A. Ybarra, A. Sanchez, and A. Esqueda. (ECF No. 26.)

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Plaintiff is advised that the United States Marshal was properly served with the December 9,

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2015, service order, and Plaintiff is entitled to rely on service by the United States Marshal. Pursuant

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to Rule 4(m), the United States Marshal shall effectuate service within the 120 days. To date, there is

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no evidence that any of the Defendants have been served or waived service. At this time, service or

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process is ongoing and no action is required of Plaintiff. Accordingly, Plaintiff’s motion for service

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by the United States Marshal is DENIED as unnecessary.

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IT IS SO ORDERED.

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Dated:

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January 25, 2016
UNITED STATES MAGISTRATE JUDGE

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