Johnson v. Sisto et al

Filing 120

ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/2011 ORDERING 111 The 7/29/2011 order to show cause is DISCHARGED; and Defendant Sisto is RELIEVED of his obligation to pay the U.S. Marshal the sum of $129.38. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LACEDRIC JOHNSON,

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Plaintiff,

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vs.

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No. 2:08-cv-1609 JAM KJN P

D.K. SISTO, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel. On July 29, 2011,

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defendant Sisto was ordered to show good cause for his failure to waive service of process. On

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August 12, 2011, defendant filed a response to the order to show cause. Defendant Sisto filed a

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motion to dismiss on July 26, 2011.

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Defendant Sisto has shown good cause for his failure to waive service of process.

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Defendant Sisto was retired at the time the waiver was sent to the CSP Solano litigation office.

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Defendant Sisto did not receive a waiver-of-service form before he was personally served on July

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5, 2011. Accordingly, the order to show cause is discharged, and defendant Sisto is relieved of

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his obligation to pay the U.S. Marshal the sum of $129.38.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 29, 2011 order to show cause is discharged; and
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2. Defendant Sisto is relieved of his obligation to pay the U.S. Marshal the sum

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of $129.38.

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DATED: September 16, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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john1609.taxd

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