Harris v. Thom et al

Filing 44

ORDER VACATING ORDER TO REISSUE SUMMONS AS TO DEFENDANT HARKINS. Signed by Judge Jeremy Fogel on 12/10/09. (dlm, COURT STAFF) (Filed on 12/11/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Vacating P:\PRO-SE\SJ.JF\CR.09\Harris00100_vacate.wpd NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DEVONTE BERNARD HARRIS, Plaintiff, vs. JAMES THOM, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 09-00100 JF (PR) ORDER VACATING ORDER TO REISSUE SUMMONS AS TO DEFENDANT HARKINS Plaintiff, a California prisoner proceeding pro se, filed the instant civil rights action pursuant to 42 U.S.C. 1983 against officials of the Pelican Bay State Prison ("PBSP"). Plaintiff filed a request to voluntarily dismiss Defendant James Harkins from this action. (Docket No. 42.) Defendant Harkins was terminated from this action on November 20, 2009. Accordingly, the Court order directing the Clerk to reissue summons as to Defendant Harkins (Docket No. 43) is VACATED. The Court order granting Defendant Spencer's motion to change time to file dispositive motion (Docket Nos. 35 & 36) shall remain in effect. IT IS SO ORDERED. DATED: 12/10/09 JEREMY FOGEL United States District Judge 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DEVONTE B. HARRIS, Plaintiff, v. JAMES THOM, et al., Defendants. / Case Number: CV09-00100 JF CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. , I SERVED a true and correct copy(ies) of the That on 12/11/09 attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Devonte Bernard Harris P 73399 CA State Prison-Corcoran II P.O. Box 3481 4B3L-07L Corcoran, CA 93212 Dated: 12/11/09 Richard W. Wieking, Clerk

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