Hisle v. Conanon, et al.

Filing 104

ORDER DENYING Plaintiff's 102 Motion for United States Marshal to serve summons and complaint on Defendant, Mushtaq Ahmed as moot signed by Magistrate Judge Stanley A. Boone on 1/22/2020. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS CURTIS HISLE, 12 Plaintiff, 13 14 v. MARLYN CONANAN, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01400-LJO-SAB (PC) ORDER DENYING PLAINTIFF’S MOTION FOR UNITED STATES MARSHAL TO SERVE SUMMONS AND COMPLAINT ON DEFENDANT MUSHTAQ AHMED AS MOOT [ECF No. 102] Plaintiff Dennis Curtis Hisle is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 Currently before the Court is Plaintiff’s motion for the United States Marshal to serve the 20 summons and complaint on Defendant Mushtaq Ahmed, filed January 21, 2020. (ECF No. 102.) 21 Plaintiff seeks the service documents in order to serve the summons and complaint on Defendant 22 Ahmed. Plaintiff is advised that July 18, 2019, the Court ordered the complaint and summons be 23 electronically served on Defendant Mushtaq Ahmed, which required no action on the part of Plaintiff. 24 (ECF No. 80.)1 On September 5, 2019, Defendant Ahmed waived service of the summons and 25 26 27 28 1 As stated in the Court’s July 18, 2019, order, “‘E-service’ means that instead of having plaintiffs fill out service paperwork for the United States Marshal to mail to the defendants or through personal service, the Court will provide paperwork regarding the defendants electronically to the California Department of Corrections and Rehabilitation (CDCR) and the California Attorney’s General’s Office, each of which has agreed to participate in this program.” (ECF No. 90 at 2.) 1 1 complaint, and he timely filed an answer on October 30, 2019. (ECF Nos. 87, 91.) Accordingly, 2 Plaintiff’s motion to have the United States Marshal serve Defendant Mushtaq Ahmed is denied as 3 moot. 4 5 IT IS SO ORDERED. 6 Dated: 7 January 22, 2020 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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