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Gray v. Hernandez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 31, 2009

GREGORY LEE GRAY, PLAINTIFF,
v.
ROBERT HERNANDEZ ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DENYING MOTION TO CORRECT AS MOOT

Doc. No. 36

Plaintiff, appearing pro se and in forma pauperis, initiated this action under 42 U.S.C. § 1983 on June 26, 2008. On July 1, 2009, nunc pro tunc, Plaintiff filed a reply to the magistrate judge's Report and Recommendation. (Doc. No. 33.) A discrepancy order issued indicating Plaintiff's reply lacked the required proof of service. (Doc. No. 32.) On July 20, 2009, nunc pro tunc, Plaintiff submitted the instant motion requesting the court enter that proof of service. (Doc. No. 36.) However, the court now notes the discrepancy order was issued in error as Plaintiff's reply was properly accompanied by a proof of service. Therefore, Plaintiff's current request for a correction is moot and the motion is therefore DENIED.

IT IS SO ORDERED.

20090731

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