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Guillermo Garcia v. M. Mix

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 5, 2012

GUILLERMO GARCIA,
PLAINTIFF,
v.
M. MIX, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER VACATING ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND REQUIRING DEFENDANTS TO FILE A RESPONSIVE PLEADING WITHIN THIRTY DAYS (ECF No. 40, 41)

On November 29, 2012, the second amended complaint was screened and service was found appropriate for Defendants McCue and Saylor. (ECF No. 39.) Service documents were forwarded to Plaintiff to be completed and returned in thirty days. (ECF No. 40.) On December 4, 2012, Defendants McCue and Saylor filed a notice that they have already appeared in this action and accept service. (ECF No. 41.)

Accordingly, IT IS HEREBY ORDERED that:

1. The order finding service of the second amended complaint appropriate and forwarding service documents to the Plaintiff is VACATED; and

2. Within thirty days from the date of service of this order, Defendants shall file an answer or other responsive pleading.

IT IS SO ORDERED.

20121205

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