Bates et al v. Schwarzenegger et al

Filing 20

ORDER Requiring Plaintiffs to Either File an Executed Notice of Service of Summons or Serve the Complaint within 20 days. Signed by Magistrate Judge Stanley A. Boone on 11/4/2015. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BATES, et al.,

Case No. 1:14-cv-02085-LJO-SAB
Plaintiffs,

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ORDER REQUIRING PLAINTIFFS TO
EITHER FILE AN EXECUTED NOTICE OF
SERVICE OF SUMMONS OR SERVE THE
COMPLAINT WITHIN TWENTY DAYS

v.

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ARNOLD SCHWARZENEGGER, et al.,

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Defendants.

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On December 29, 2014, Plaintiff filed a complaint alleging violations of the Eighth

18 Amendment.

(ECF No. 1.)

On January 7, 2015, this action was related to Smith v.

19 Schwarzenegger, 1:14-cv-00060-LJO-SAB (E.D. Cal), and reassigned to the undersigned. (ECF
20 No. 8.) On January 22, 2015, the Court found that this action met the requirements to be
21 consolidated with Smith, but that consolidation would further delay Smith. Accordingly, this
22 action was stayed to allow the Court to address a motion to dismiss in Smith. (Id.)
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On October 19, 2015, the stay of this action was lifted due to the decision being issued on

24 the motion to dismiss in Smith. The summons in this action was issued on December 31, 2014
25 and as of the date of this order, Plaintiffs have not returned an executed notice of service of the
26 summons and complaint. Local Rule 135(c).
27 / / /
28 / / /

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Based on the foregoing, Plaintiffs are HEREBY ORDERED to either file an executed

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2 notice of service of summons or serve Defendants in this action with a summons and copy of the
3 complaint within twenty days of the date of service of this order.
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IT IS SO ORDERED.

7 Dated:

November 4, 2015
UNITED STATES MAGISTRATE JUDGE

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