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Louis Oliverez, Jr v. Ben Albitre

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 11, 2012

LOUIS OLIVEREZ, JR.,
PLAINTIFF,
v.
BEN ALBITRE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTION AS MOOT

(Doc. 39)

On January 9, 2012, Plaintiff Louis Oliverez, Jr., a state prisoner proceeding pro se and in forma pauperis in this civil rights action, filed a motion seeking re-service of Defendants' motion for summary judgment, which the Court referred to in its order of January 4, 2012.

A review of the record shows that Plaintiff filed a notice of change of address to Sierra Conservation Center on June 16, 2011, but Defendants served their motion for summary judgment on Plaintiff at California State Prison-Corcoran. However, on January 10, 2012, Defendants filed a notice stating that they discovered their mistake following receipt of Plaintiff's motion, and they have corrected their records and re-served their motion for summary judgment.

Accordingly, Plaintiff's motion for re-service is now moot and it is DENIED on that ground.

IT IS SO ORDERED.

20120111

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