Torres v. Patel et al

Filing 27

ORDER GRANTING Request for Extension of Time to File Waiver of Service of Process 26 , signed by Magistrate Judge Stanley A. Boone on 1/31/2019: Defendants Patel, Ulit, Spaeth, and Serda are granted a twenty-one-day extension of time, through and including February 20, 2019, to return a signed service waiver. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIGUEL TORRES,

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Plaintiff,
v.
ISMAIL PATEL, et.al.,
Defendants.

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Case No.: 1:18-cv-00188-LJO-SAB (PC)
ORDER GRANTING REQUEST FOR
EXTENSION OF TIME TO FILE WAIVER OF
SERVICE OF PROCESS
(ECF No. 26)

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Plaintiff Miguel Torres is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On January 4, 2019, the Court found service of Plaintiff’s First Amended Complaint appropriate,

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and required the California Department of Corrections and Rehabilitation (“CDCR”) to file a Notice of

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E-Service Waiver within forty days of service of the order. (ECF No. 20.) CDCR filed the Notice of

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Intent to Waive Service on January 9, 2019, on behalf of Defendants Patel, Ulit, Manasrah, Spaeth, and

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Serda. (ECF No. 22.)

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The Office of the Attorney General (“OAG”) is then required to file a waiver of service of

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process for the defendants who are waiving service within thirty days. (Id. at ¶ 5.) Defendant Manasrah

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has since returned a waiver of service of process. (ECF No. 25.)

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Currently before the Court is a request for an extension of time to file a waiver of service of

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process, made by the OAG through a special appearance. In support, an attorney employed by the OAG
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declares that the OAG is working on determining whether it will be representing Defendants Patel, Ulit,

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Spaeth, and Serda in this matter, and can therefore file the waiver of service of process on their behalf.

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That work has not yet been completed. Accordingly, counsel requests an extension of the deadline until

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February 20, 2019 to file a waiver of service of process for those Defendants.

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Good cause being shown, the request for an extension of time is HEREBY GRANTED. Fed. R.

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Civ. P. 4(d)(1)(F). Defendants Patel, Ulit, Spaeth, and Serda are granted a twenty-one-day extension of

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time, through and including February 20, 2019, to return a signed service waiver.

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IT IS SO ORDERED.
Dated:

January 31, 2019
UNITED STATES MAGISTRATE JUDGE

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