Turner v. Salinas

Filing 86

ORDER signed by Magistrate Judge Kendall J. Newman on 1/11/12 denying 67 Motion for confirmation of service of defendant Vertinelli. (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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ANTHONY R. TURNER,

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Plaintiff,

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No. 2: 10-cv-1848 MCE KJN P

vs.
WARDEN SALINAS, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On July 14, 2011, plaintiff filed a motion for “confirmation of

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service of defendant Sgt. Vertinelli.” (Dkt. No. 67.) In this motion, plaintiff requests that the

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court serve this defendant.

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On July 8, 2011, the undersigned recommended that defendant Vertinelli be

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dismissed because service of this defendant could not be effected. The July 8, 2011 findings and

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recommendations detailed the attempts to serve defendant Vertinelli. On September 20, 2011,

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the Honorable Morrison C. England adopted the July 8, 2011 findings and recommendations.

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Because defendant Vertinelli has been dismissed, plaintiff’s July 14, 2011 motion

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requesting service of this defendant is denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for confirmation

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of service of defendant Vertinelli (Dkt. No. 67) is denied.

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DATED: January 11, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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tur1848.ord(4)

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