Daniels v. Fox et al

Filing 52

ORDER signed by Magistrate Judge Allison Claire on 04/11/17 denying 51 Motion to Compel. The Office of the California Attorney General is requested to ensure that defendant Carpe is served process within the next 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ZACHARIAH DANIELS,

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Plaintiff,

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No. 2:15-cv-1264 GEB AC P

v.

ORDER

R. FOX, Warden, et al.,

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Defendants.

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Plaintiff requests the assistance of the court and the California Department of Corrections

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and Rehabilitation in locating defendants Johns and Carpe, and an extension of time within which

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to serve process on these defendants. See ECF No. 20. Review of the docket indicates that

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defendant Johns filed a waiver of service on March 29, 2017 (ECF No. 46), and that California

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Deputy Attorney General Andrea Sloan “has been in contact with [defendant Carpe] and the U.S.

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Marshall’s Office in order to effect service [on Carpe] as soon as possible” (ECF No. 49 at 3

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(Sloan Decl., ¶ 4)). This case is scheduled for a settlement conference on May 4, 2017.

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Because the information requested by plaintiff is no longer needed, plaintiff’s motion will

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be denied. The court’s order directing plaintiff to provide additional service information for these

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defendants (ECF No. 44) is satisfied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to compel, ECF No. 51, is denied as unnecessary.

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2. The Office of the California Attorney General is requested to ensure that defendant

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Carpe is served process within the next fourteen (14) days.

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DATED: April 11, 2017.

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