Turner v. California Forensic Medical Group et al

Filing 59

ORDER denying 56 Motion for an order of contempt signed by Magistrate Judge Craig M. Kellison on 12/09/11. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY R. TURNER, 12 Plaintiff, 13 14 No. CIV S-09-3040-CMK-P vs. ORDER CALIFORNIA FORENSIC MEDICAL GROUP, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for an order of contempt 19 (Doc. 56) for obstruction of service. 20 Plaintiff alleges the Yolo County Sheriff’s Department obstructed service of his 21 complaint by the United States Marshal. However, a review of the docket indicates that most of 22 the defendants returned the waiver of service, and other defendants were served through delivery 23 of the summons and complaint to the Sheriff’s Office. The basis of plaintiff’s request is 24 therefore lost on the court. 25 /// 26 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an order of contempt (Doc. 56) is denied. 3 4 5 6 DATED: December 9, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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