Rankins v. Liu et al

Filing 25

ORDER signed by Magistrate Judge Allison Claire on 7/11/16 DENYING 24 Motion to Compel. (Dillon, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 NORMAN RANKINS, 11 12 13 14 No. 2:15-cv-1164 KJM AC (TEMP) P Plaintiff, v. ORDER ALEXANDER LUI, et al. Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 17 action pursuant to 42 U.S.C. § 1983. On February 23, 2016, the undersigned determined that 18 plaintiff stated a cognizable Eighth Amendment medical indifference claim against Dr. Alexander 19 Liu and directed plaintiff to file documents necessary to effectuate service on this defendant. 20 Plaintiff submitted the necessary documents on March 8, 2016, and the court directed the United 21 States Marshal (“USM”) to serve Dr. Liu on March 16, 2016. Now pending is plaintiff’s July 1, 22 2016, motion to compel the USM to serve summons. Because the court has already directed the 23 USM to serve defendant, plaintiff’s request will be denied as moot. 24 Accordingly, IT IS HEREBY ORDERED that plaintiff’s July 1, 2016, motion to compel 25 (ECF No. 24) is denied. 26 DATED: July 11, 2016 27 28

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