(PC) Ellis v. County of Kern et al

Filing 34

ORDER RECALLING 26 Order Directing Re-Service on all Defendants by the United States Marshals Service signed by Magistrate Judge Barbara A. McAuliffe on 7/8/2024. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES ELLIS, 12 13 14 Plaintiff, v. Case No. 1:22-cv-00436-KES-BAM (PC) ORDER RECALLING ORDER DIRECTING RE-SERVICE ON ALL DEFENDANTS BY THE UNITED STATES MARSHALS SERVICE COUNTY OF KERN, et al., (ECF No. 26) 15 Defendants. 16 17 Plaintiff Charles Ellis (“Plaintiff”) is a county jail inmate proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 19 Plaintiff’s first amended complaint against Defendants Gifford, Alvarez, Boyd, and Lemon 20 (“Defendants”) for excessive force and for denial of medical care in violation of the Fourteenth 21 Amendment. 22 On July 2, 2024, the Court issued an order directing the United States Marshals Service to 23 re-serve all defendants with summonses and the first amended complaint. (ECF No. 26.) On July 24 3, 2024, Defendants filed an answer to the complaint, and on July 5, 2024, Defendants filed 25 signed waivers of service. (ECF Nos. 28–32.) 26 27 28 Based on the foregoing, the Court HEREBY ORDERS that: 1. The July 2, 2024 order directing re-service on all defendants by the United States Marshals Service, (ECF No. 26), is RECALLED; and 1 1 2 2. The Clerk’s Office is DIRECTED to serve a copy of this order on the United States Marshals Service. 3 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara July 8, 2024 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 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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