Rainwater v County of Sacramento et al

Filing 10

ORDER denying 8 Motion to vacate signed by Magistrate Judge Gregory G. Hollows on 04/20/11. (Plummer, 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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JOHN ALLEN RAINWATER,

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Plaintiff,

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No. CIV S-11-0030 GGH P

vs.
JOHN McGINNISS, Sheriff, et al.,

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Defendants.

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ORDER
/

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Plaintiff is a civil detainee proceeding pro se. He seeks relief pursuant to 42

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U.S.C. § 1983. On February 22, 2011, the court found plaintiff stated cognizable claims and

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ordered that service documents be sent to plaintiff to begin the service process. On March 4,

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2011, plaintiff filed a motion to vacate that order alleging that the certified copy of the complaint

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sent to him contained photocopy errors. However, on March 18, 2011, plaintiff submitted all the

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appropriate documents for service including two copies of the complaint. A review of the copies

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of the complaint provided by plaintiff indicate that they are accurate reproductions of his original

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complaint and defendants will also be able to view the complaint on the court’s electronic filing

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system.

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Therefore, the motion to vacate will be denied and the court will soon order the
USM to begin service.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s March 4, 2011, motion to vacate (Doc. 8) is denied.

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DATED: April 20, 2011

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE
GGH:AB
rain0030.ord