Gonzalez v. Runnels et al

Filing 155

ORDER denying plaintiff's 154 request for USM service; Signed by Judge Marilyn Hall Patel on 3/21/2011. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 3/22/2011)

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Gonzalez v. Runnels et al Doc. 155 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA FRANCISCO GONZALEZ, Plaintiff, v. D. L. RUNNELS; et al., Defendants. / No. C 07-2303 MHP (pr) ORDER Plaintiff's requests for a transcript designation form and a certificate of appealability are DENIED. (Docket # 153.) No hearings were held and there are no transcripts to be designated. A certificate of appealability is only necessary to appeal from a judgment in a habeas action, which this civil rights action is not. Plaintiff's request to have the Marshal serve process on defendant Clark is DENIED. (Docket # 154.) Plaintiff does not explain why he waited almost four years to provide that information to the court. Further, as the court explained in the order granting summary judgment for remaining defendants, the failure of proof on plaintiff's rotator cuff claim would apply to the unserved defendant Clark as well as to the defendants who were served with process and moved for summary judgment. IT IS SO ORDERED. Dated: March 21, 2011 ______________________ Marilyn Hall Patel United States District Judge Dockets.Justia.com

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