Voss v. Baker

Filing 48

ORDER Requiring Status Report signed by Magistrate Judge Erica P. Grosjean on 05/10/2018. Twenty-One Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CRAIG WILLIAM VOSS,
Plaintiff,

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Case No. 1:17-cv-00626-DAD-EPG (PC)
ORDER REQUIRING STATUS REPORT

v.
(ECF NOS. 46 & 47)
BRIAN BAKER,
Defendant.

TWENTY-ONE DAY DEADLINE

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On September 26, 2017, the United States Marshals Service (“USMS”) returned the

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summons unexecuted as to Brian Baker, the defendant in this action. (ECF No. 14). USMS

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certified that it was unable to locate Brian Baker for service of process. (Id.). Plaintiff

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requested, and was granted, the issuance of a third party subpoena directed to the California

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Department of Motor Vehicles so that he could find the last known address of Brian Baker.

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(ECF No. 44).

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The subpoena was served on March 19, 2018 (ECF No. 47), with a response date of

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April 6, 2018 (ECF No. 46, p. 1, n. 1). The response date passed over a month ago, and

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Plaintiff has not filed a motion to compel, provided the Court with an updated address for Brian

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Baker, or requested another third party subpoena.

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Accordingly, IT IS ORDERED that Plaintiff has twenty-one days from the date of
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service of this order to provide a status report regarding his efforts to obtain the last known

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address of Brian Baker.

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Failure to comply with this order may result in the dismissal of this action.

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IT IS SO ORDERED.
Dated:

May 10, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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