Wilson v. Wever et al

Filing 86

ORDER signed by Magistrate Judge Craig M. Kellison on 1/11/16 ORDERING that the United States Marshal shall submit a report in writing within 30 days of the date of this order on the status of service of defendant Wever. Also within 30 days of the date of this order, the United States Marshal shall show causein writing why sanctions should not be imposed for failure to comply with the courts prior orders. The Clerk of the Court is directed to serve a copy of this order, along with copies of the courts May 21, 2013, and July 6, 2015, orders (Docs. 77 and 85 ), on the United States Marshal. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE WILSON,
Plaintiff,

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No. 2:09-CV-2191-KJM-CMK-P

vs.

ORDER

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SANDRA LEE WEVER,

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Defendant.
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Plaintiff, a former prisoner proceeding pro se, brings this civil rights action
pursuant to 42 U.S.C. § 1983.

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On March 14, 2013, the United States Marshal filed a return of service purporting

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to show proper service on defendant Wever. On May 21, 2013, the court issued an order denying

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the United States Marshal’s request for reimbursement of service costs, finding that service was

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deficient. See order at Doc. 77. The order directed the United States Marshal to effect proper

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service on defendant Wever. As of July 6, 2015, the United States Marshal had not filed a return

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of service and the court issued an order directing the United States Marshal to submit a status

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report within 30 days on the status of service of defendant Wever. See order at Doc. 85. To date,

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the United States Marshal has not complied with the July 6, 2015, order and a review of the
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docket reflects that defendant Wever remains unserved. The United States Marshal shall submit

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a report in writing within 30 days of the date of this order on the status of service of defendant

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Wever. Also within 30 days of the date of this order, the United States Marshal shall show cause

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in writing why sanctions should not be imposed for failure to comply with the court’s prior

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orders.

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The Clerk of the Court is directed to serve a copy of this order, along with copies

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of the court’s May 21, 2013, and July 6, 2015, orders (Docs. 77 and 85), on the United States

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Marshal.

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IT IS SO ORDERED.

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DATED: January 11, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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