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Larry Tate v. Matthew Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 20, 2011

LARRY TATE,
PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DENYING PLAINTIFF'S REQUEST FOR RE-SERVICE OF PROCESS

(Doc. 38)

On April 18, 2011, Plaintiff filed a request to serve process on Defendant Villasayne for a second time. Plaintiff's request comes after the United States Marshal notified the Court that the summons for Defendant Villasayne had been returned unexecuted. (Doc. 28.) The Court, however, has already addressed this issue. By order filed February 22, 2011, the Court directed the United States Marshal to initiate re-service of process on Defendant Villasayne by contacting the Legal Affairs Division of the California Department of Corrections and Rehabilitation. *fn1 (Doc. 29.)

Accordingly, IT IS HEREBY ORDERED that Plaintiff's April 18, 2011 request for re-service of process on Defendant Villasayne (Doc. 38) is DENIED AS MOOT

IT IS SO ORDERED.

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