(PC) Lumpkin v. Agredano, No. 2:2018cv03270 - Document 15 (E.D. Cal. 2019)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/2019 VACATING the 11 Findings and Recommendations filed 8/30/2019. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SYLVESTER LUMPKIN, 12 Plaintiff, 13 14 No. 2: 18-cv-3270 JAM KJN P v. ORDER R.A. AGREDANO, et al., 15 Defendants. 16 By order filed March 27, 2019, this court ordered plaintiff to complete and return to 17 18 the court, within thirty days, the USM-285 form, summons and copies of the complaint necessary 19 for service of defendant Agredano. (ECF No. 8.) Thirty days passed and plaintiff did not 20 respond to the March 27, 2019 order. Accordingly, on August 30, 2019, the undersigned 21 recommended that this action be dismissed. (ECF No. 11.) On October 28, 2019, plaintiff returned the forms necessary for service of defendant 22 23 Agredano. (ECF No. 14.) Good cause appearing, the August 30, 2019 findings and 24 recommendations are vacated. Since the court issued the March 27, 2019 order, the court has implemented the 25 26 Court’s E-Service pilot program. Accordingly, by separate order, the court will order service of 27 defendant Agredano pursuant to the E-Service pilot program. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that the August 30, 2019 findings and 2 recommendations (ECF No. 11) are vacated. 3 Dated: October 31, 2019 4 5 6 Lump3270.vac 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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