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Thomas Cavner v. Erica Weinstein

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 11, 2011

THOMAS CAVNER, PLAINTIFF,
v.
ERICA WEINSTEIN, ET AL., DEFENDANTS.

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

ORDER DISMISSING DEFENDANT VOSS PURSUANT TO RULE 4(m)

Thomas Cavner ("Plaintiff") is a is a civil detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The parties to this action consented to the jurisdiction of a Magistrate Judge pursuant to 28 U.S.C. § 636(c), and on June 7, 2010 this action was reassigned to the undersigned to conduct all further proceedings, including trial and entry of judgment. (Docs. 35, 39, 40.)

On January 25, 2011, the Court issued an order for Plaintiff to show cause why defendant Voss should not be dismissed for failure to provide information to enable the Marshal to serve process. (Doc. 51.) On February 7, 2011, Plaintiff filed a notice of non-opposition to the dismissal of defendant Voss. (Doc. 52.)

Accordingly, IT IS HEREBY ORDERED that:

1. Defendant Thomas Voss is DISMISSED from this action, based on Plaintiff's failure to provide information sufficient for the Marshal to effect service of process;

2. This action now proceeds only against defendant Erica Weinstein; and

3. The Clerk is DIRECTED to reflect defendant Voss's dismissal from this action on the Court's docket.

IT IS SO ORDERED.

20110211

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