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Vance Edward Johnson v. R. Janzen

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


September 13, 2011

VANCE EDWARD JOHNSON, PLAINTIFF,
v.
R. JANZEN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel. On July 29, 2011, defendant R. Janzen was ordered to show good cause for his failure to waive service of process. On August 10, 2011, defendant filed a response to the order to show cause. Defendant Janzen filed an answer on June 30, 2011.

Defendant Janzen has shown good cause for his failure to waive service of process. Defendant Janzen was not assigned to a prison for most of 2011, and the waiver of service form sent to the California Department of Corrections and Rehabilitation ("CDCR") office in Rancho Cordova on May 4, 2011, was not given to defendant Janzen.*fn1 Defendant Janzen did not return the waiver because he was not made aware of this lawsuit until June 10, 2011. Accordingly, the order to show cause is discharged, and defendant Janzen is relieved of his obligation to pay the U.S. Marshal the sum of $134.32.

Accordingly, IT IS HEREBY ORDERED that: The July 29, 2011 order to show cause is discharged; and Defendant Janzen is relieved of his obligation to pay the U.S. Marshal the sum of $134.32.


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