Utley v. Acevedo et al

Filing 10

ORDER on Plaintiff's 9 Request to Reschedule Mandatory Scheduling Conference signed by Magistrate Judge Stanley A. Boone on 10/26/2015. Mandatory Scheduling Conference set for 1/5/2016 at 09:45 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 ) ) ) Plaintiff, ) ) vs. ) ) C.O. ACEVEDO, correctional officer; C.O. ) WEYMEN; C.O. DOE, correctional ) officer; and DOES 1 through 50, inclusive, ) ) Defendants., ) ) Defendants. ) ) ) ) ) VANCE UTLEY, 20 CASE NO.: 1:15-cv-01086-LJO-SAB ORDER ON PLAINTIFF’S REQUEST TO RESCHEDULE MANDATORY SCHEDULING CONFERENCE Plaintiff has submitted his report regarding the status of affecting service of the 21 complaint and summons in this case. Plaintiff reports that, pursuant to the Court’s order 22 granting Plaintiff’s request that the U.S. Marshal’s Office affect service (ECF 8, dated 23 9/4/15), the instructions, the complaint and summons, and the Court’s order were mailed to 24 the Marshal on September 4, 2015. No proof of service has yet been returned. The Mandatory 25 Scheduling Conference is set for November 2, seven days from Plaintiff’s request. In the 26 circumstances, the scheduling conference cannot proceed on November 2. The Court finds 27 that good cause exists to reset the date of the hearing. 28 /// 1 IT IS ORDERED that the hearing set for November 2, 2015, be continued. The Court 1 2 resets the Mandatory Scheduling Conference to January 5, 2016 at 9:45 a.m. before 3 Magistrate Judge Stanley A. Boone. Plaintiff is ordered to serve this Order on Defendants at 4 the first opportunity after service of the complaint and summons is affected. 5 6 7 8 9 IT IS SO ORDERED. Dated: October 26, 2015 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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