Purtue v. Kearnes et al

Filing 26

SECOND ORDER directing service by U.S. Marshal on Defendant D. Magallance re 18 , 23 signed by Magistrate Judge Stanley A. Boone on 11/16/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL PURTUE,

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Plaintiff,

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v.
B. KEARNES, et al.,

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Defendants.

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[ECF Nos. 18, 23]

The Marshal was not able to locate Defendant D. Magallance and service was returned unexecuted on October 21, 2016.
On October 24, 2016, the Court issued an order to show cause why Defendant Magallance

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SECOND ORDER DIRECTING SERVICE BY
UNITED STATES MARSHAL ON DEFENDANT
D. MAGALLANCE

pursuant to 42 U.S.C. § 1983.

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Case No.: 1:15-cv-00551-SAB (PC)

Plaintiff Michael Purtue is appearing pro se and in forma pauperis in this civil rights action

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should be dismissed pursuant to Federal Rule of Civil Procedure 4(m). (ECF No. 19.)

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Plaintiff filed a response to the order to show cause on November 14, 2016. (ECF No. 23.)

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The Court will hereby direct re-service as to Defendant D. Magallance by the United States

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Marshal.

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Accordingly, IT IS HEREBY ORDERED that:

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The Clerk of Court is directed to serve a copy of the following documents on the

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United States Marshal:

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a.

The Court’s July 28, 2016 service order (ECF No. 11);

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b.

A copy of the USM-285 forms as to Defendant D. Magallances (ECF No. 18);

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c.

A copy of the response to the order to show cause filed by Plaintiff to assist the
United States Marshal with service (ECF No. 23); and

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2.

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All provisions of the Court’s July 28, 2016, order remain in full force and effect

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IT IS SO ORDERED.

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Dated:

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November 16, 2016
UNITED STATES MAGISTRATE JUDGE

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