This case is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On May 10, 2010, plaintiff filed a complaint in this action, along with a request to proceed in forma pauperis. Dckt. Nos. 1, 2. On February 13, 2010, the undersigned granted plaintiff's request to proceed in forma pauperis, directed plaintiff to provide the U.S. Marshal with documents necessary to effect service of process on defendants, and directed the U.S. Marshal to serve process upon receipt of that required information from plaintiff. Dckt. No. 3.
Also on May 13, 2010, the undersigned issued an order setting a status conference in this action for September 22, 2010. Dckt. No. 4. That order directed the parties to file status reports fourteen days prior to the status conference. Id. Defendant Placer County Sheriff's Department and plaintiff each filed a separate status report, as required by the May 13, 2010 order.*fn1 Dckt. Nos. 12, 13. However, the status reports both indicate that defendant Zender has not yet been served in this action. Id.
Therefore, on September 14, 2010, the undersigned's staff contacted the U.S. Marshal's Office to inquire about the status of service of process on defendant Zender. A U.S. Marshal representative indicated that Zender had not yet been served because the materials provided to the U.S. Marshal by plaintiff, see Dckt. No. 9, did not include service documents for defendant Zender.*fn2 Nonetheless, the U.S. Marshal representative stated that service on Zender would be effected shortly.*fn3
Because defendant has not yet been served in this action and has therefore been unable to submit a status report, the September 22, 2010 status conference will be continued.
Accordingly, IT IS HEREBY ORDERED that:
1. The status conference currently scheduled for September 22, 2010, is rescheduled for December 8, 2010, at 10:00 a.m., in Courtroom No. 24.
2. On or by November 24, 2010, defendant Zender shall file a status report addressing the matters referenced in the court's May 13, 2010 order.
3. Because both plaintiff and defendant Placer County Sheriff's Department have already filed status reports herein, they need not file a further status report in advance of the December 8, 2010 status conference. However, if either of those parties elects to file a further status report, it shall do so on or before November 24, 2010.
4. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal, 501 "I" Street, Sacramento, Ca., 95814, Tel. No. (916) 930-2030.
5. Within fourteen days of the date of this order, the U.S. Marshal is directed to serve defendant Zender with a copy of this order. The Marshal shall, within fourteen days thereafter, file a statement with the court that the order was served. If the Marshal is unable, for any reason, to serve this order on that defendant, the ...