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Jason Latrell Thomas v. M. Wilber

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 5, 2012

JASON LATRELL THOMAS,
PLAINTIFF,
v.
M. WILBER, ET AL.,
DEFENDANTS.

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.

20120905

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