Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Smith v. Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 10, 2008

MICHAEL LENOIR SMITH, PLAINTIFF,
v.
SGT. DAVIS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTION FOR ORDER DIRECTING RE-SERVICE ON DEFENDANT LINDQUIST AS PREMATURE (Doc. 44)

Plaintiff Michael Lenoir Smith ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The United States Marshal was ordered by the Court to initiate service of process by order filed June 11, 2008. (Doc. 16.) On November 3, 2008, Plaintiff filed a motion seeking re-service on Defendant Lindquist. (Doc. 44.)

Plaintiff's motion is premature. Service on Defendant Lindquist is still in process. If the documents are returned by the Marshal as un-executed, the new information provided by Plaintiff will be utilized. At this juncture, however, there is no basis for presuming that service will not be accomplished.

Accordingly, Plaintiff's motion for an order directing re-service on Defendant Lindquist, filed November 3, 2008, is HEREBY DENIED as premature.

IT IS SO ORDERED.

20081110

© 1992-2008 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.