UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 5, 2012
JASON LATRELL THOMAS,
M. WILBER, ET AL.,
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
ORDER STRIKING DUPLICATIVE MOTION TO COMPEL, AND REQUIRING DEFENDANTS TO RE-SERVE OPPOSITION AND FILE AMENDED CERTIFICATE OF SERVICE WITHIN TEN DAYS (Doc. 53)
Plaintiff Jason Latrell Thomas, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 4, 2010. On September 4, 2012, Plaintiff filed a duplicative motion to compel, which he represents cures a deficiency with his original motion to compel as it relates to service by mail and the number of copies provided.
Plaintiff filed a motion to compel filed on July 2, 2012, and Defendants filed an opposition on July 20, 2012. It is unnecessary for Plaintiff to file a duplicative motion to compel, as there are no procedural deficiencies to be cured regarding service or the number of copies provided. However, the Court notes that Plaintiff filed a notice of change of address to CSP-Sacramento on July 16, 2012, but Defendants served their opposition on Plaintiff at his previous institution.
Accordingly, Plaintiff's duplicative motion to compel is HEREBY STRICKEN from the record; and within ten (10) days from the date of service of this order, Defendants SHALL re-serve their opposition on Plaintiff at his current address and file an amended certificate of service with the Court.
IT IS SO ORDERED.
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