Rushdan v. Win et al

Filing 57

ORDER denying 53 Motion for service and/or summary judgment signed by Magistrate Judge Kendall J. Newman on 4/30/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SALADIN RUSHDAN,

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No. 2:14-cv-0853 KJN P

Plaintiff,

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v.

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DR. WIN, et al.,

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ORDER

Defendants.

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

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s April 6, 2015 motion for “service of

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summons and complaint and/or summary judgment against defendant Warden G. Swarthout.”

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(ECF No. 53.) Plaintiff moves the court for service of defendant Swarthout. If defendant

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Swarthout has been served, plaintiff moves for summary judgment as to this defendant.
On December 4, 2014, the court directed the U.S. Marshal to serve defendants, including

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defendant Swarthout. (ECF No. 42.) On April 13, 2015, defendants Arnold, Austin, Beard,

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Fleischman, McAlpine, Wang and Win filed an answer. (ECF No. 55.)
Court records indicate that service on defendant Swarthout has not yet been executed.

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The U.S. Marshal has informed the court that it is still attempting to serve defendant Swarthout.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for service and/or

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summary judgment as to defendant Swarthout (ECF No. 53) is denied as unnecessary.

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Dated: April 30, 2015

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Rush853.sj
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