Chan v. County of Sacramento et al

Filing 29

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/1/2010 ORDERING that pltf's 23 motion for sanctions is DENIED; w/in 7 days, the USM shall inform the court of status of service; the clerk to serve a copy of this order on the USM, the Acting U.S. Marshall shall respond personally. (cc: USM) (Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. COUNTY OF SACRAMENTO, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. 1983. On March 10, 2010, plaintiff filed a motion for sanctions in the form of a default judgment against defendants for failing to respond to court orders. Plaintiff's request is denied because court records do not indicate that defendants have yet been served. On April 19, 2010, the court ordered the U.S. Marshal to inform the court within seven days of the status of service. The seven days has passed and the court has still not been updated by the U.S. Marshal as to service. Therefore, the court will once again inquire as to the status of service. IT IS HEREBY ORDERED that: 1. Plaintiff's motion for sanctions (no. 23) is denied; 1 ORDER MADY CHAN, Plaintiff, No. CIV S-09-2006 GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 GGH: AB chan2006.sanc 2. Within seven days of the date of this order, the U.S. Marshal shall inform the court of the status of service. 3. The Clerk of the Court shall serve a copy of this order on the U.S. Marshal; due to the difficulties encountered with what would seem to be simple service, the Acting U.S. Marshal shall respond personally. DATED: June 1, 2010 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 2

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