Williams v. Huffman et al

Filing 40

ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2011 DENYING plaintiff's 39 motion. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO WILLIAMS,

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Plaintiff,

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No. 2:11-cv-0638 GEB KJN P

vs.
JASON T. HUFFMAN, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel. On November 28, 2011,

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plaintiff filed a document styled, “Motion for An Order to Compel U.S. Marshal to Turn Over

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Return of Service.” (Dkt. No. 39.) Plaintiff is advised that the U.S. Marshal will file the return

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of service once service of process on defendant Huffman has occurred. To date, service of

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process on defendant Huffman has not yet been accomplished.1 Thus, there is no executed

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The U.S. Marshal’s office informed the court that defendant Huffman did not return the
waiver of service of process; therefore, the U.S. Marshal is attempting personal service. The
U.S. Marshal will mail plaintiff a copy when the return of service for defendant Huffman is filed.
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summons for the U.S. Marshal to file. Accordingly, IT IS ORDERED that plaintiff’s November

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28, 2011 motion (dkt. no. 39) is denied.

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DATED: December 2, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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will0638.den

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