Garcia v. Moreno et al

Filing 20

ORDER VACATING May 17, 2018, Order 18 Granting Plaintiff's 17 Request for Service by United States Marshal, signed by Magistrate Judge Stanley A. Boone on 05/21/18. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LENIN GARCIA, 12 Plaintiff, 13 14 v. E. MORENO, et al., 15 Defendants. 16 Case No.: 1:18-cv-00014-SAB (PC) ORDER VACATING MAY 17, 2018, ORDER GRANTING PLAINTIFF’S REQUEST FOR SERVICE BY THE UNITED STATES MARSHAL [ECF No. 18] Plaintiff Lenin Garcia is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 17 18 ) ) ) ) ) ) ) ) ) ) 1983. On March 29, 2018, the Court authorized service of the complaint for Plaintiff’s failure to 19 20 protect claim against Defendants E. Moreno, Pena, H. Hinojosa, Segura and M. Silva, excessive force 21 against Defendant Moreno, retaliation against Defendants Moreno, Pena, Hinojosa, Segura and E. 22 Silva, and failure to decontaminate cell against Defendants D. Hick, M. Harris, and E. Silva. (ECF 23 No. 10.) In that order, Plaintiff was advised that he was responsible for service on Defendants and 24 provided instructions on how to do so. (Id.) 25 On May 15, 2018, Plaintiff filed a motion requesting service to be done by the United States 26 Marshal. (ECF No. 17.) On May 17, 2018, the Court granted Plaintiff’s request for service by the 27 United States Marshal and directed Plaintiff to complete and return the USM-185 forms. (ECF No. 28 18.) 1 On May 21, 2018, waivers of service were returned executed by all Defendants. (ECF No. 19.) 1 2 In light of the return of the waivers of service, the Court’s May 17, 2018 (ECF No. 18), is HEREBY 3 VACATED. 4 5 IT IS SO ORDERED. 6 Dated: 7 May 21, 2018 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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