Brown v. Swan et al

Filing 12

ORDER signed by Magistrate Judge John F. Moulds on 11/15/2011 ORDERING the 8 Order to Show Cause is DISCHARGED and the court will concurrently issue an order directing the United States Marshal to serve process on defendant Swan. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEXTER BROWN, 11 12 13 14 15 16 Plaintiff, No. 2:11-cv-2128 JFM (PC) vs. SERGEANT D. SWAN, et al., Defendants. ORDER / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. Plaintiff, the only party to appear in this action, has consented to proceed 18 before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). See Consent filed 19 September 8, 2011. By an order filed August 23, 2011, this court ordered plaintiff to complete 20 and return to the court, within thirty days, the USM-285 forms necessary to effect service on 21 defendants. Review of the docket on November 7, 2011, suggested that plaintiff had not 22 complied with the court’s order. Accordingly, on that day plaintiff was ordered to show cause in 23 writing why this action should not be dismissed. 24 On November 10, 2011, the Clerk of the Court entered on the docket a notice of 25 submission of the required documents tendered by plaintiff on September 16, 2011 in compliance 26 with the court’s order. Accordingly, the order to show cause will be discharged. 1 1 In accordance with the above, IT IS HEREBY ORDERED that the November 7, 2 2011 order to show cause is discharged and the court will concurrently issue an order directing 3 the United States Marshal to serve process on defendant Swan. 4 DATED: November 15, 2011. 5 6 7 8 9 12 brow2128.dis 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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