Benyamini v. Minton

Filing 17

ORDER signed by Magistrate Judge Dale A. Drozd on 5/19/15 DENYING 16 Motion for Extension of time.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 Plaintiff, 13 14 No. 2:13-cv-01632 JAM DAD P v. ORDER T. MINTON, 15 Defendant. 16 Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 17 18 42 U.S.C. § 1983. On March 27, 2015, the court screened plaintiff’s first amended complaint and 19 determined that service was appropriate on defendant T. Minton. (ECF No. 12.) Accordingly, 20 plaintiff was directed to return, within thirty days, the documents necessary to effect service on 21 these defendants. (Id.) On April 6, 2015, the court received the necessary documents from 22 plaintiff. (ECF No. 13.) On April 21, 2015, the court issued an order directing the United States 23 Marshal to serve defendant Minton. (ECF No. 14.) Now pending before the court is plaintiff’s motion, filed on May 7, 2015, for a thirty-day 24 25 extension of time to submit the documents necessary to effect service on defendant Minton. 26 (ECF No. 16.) The court is puzzled by plaintiff’s filing since he previously submitted to the court 27 the documents required to effect service. 28 ///// 1 1 Because plaintiff has already submitted the documents to the court that he is now seeking 2 an extension of time to submit, IT IS HEREBY ORDERED that plaintiff’s motion for a thirty-day 3 extension of time (ECF No. 16) is denied as having been rendered moot. 4 Dated: May 19, 2015 5 6 7 8 DAD:10 beny1632.eot.deny 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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