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Brummett v. Sherman

United States District Court, Eastern District of California
May 18, 2023
1:20-cv-00622-HBK (PC) (E.D. Cal. May. 18, 2023)

Opinion

1:20-cv-00622-HBK (PC)

05-18-2023

MELVIN RAY BRUMMETT JR., Plaintiff, v. STUART SHERMAN, D. LOPEZ, G. BEARD, E. AGUIRRE, NKIRUKA NDU, Defendants.


ORDER GRANTING NUNC PRO TUNC DEFENDANTS' MOTION FOR EXTENSION OF TIME

(Doc. No. 24)

ORDER DIRECTING CLERK TO CORRECT DOCKET

HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE

Pending before the Court is Defendants' Ex Parte Application for Extension of Time. (Doc. No. 24). Due to an administrative error, Defendants missed the May 12, 2023 deadline to file a waiver of service summons and seeks a 4-day extension of time, nunc pro tunc. (Id. at 1). Defendants filed their waivers on May 16, 2023. (Doc. No. 25). The Court finds the brief delay in Defendants filing waiver of service caused no discernible prejudice to Plaintiff. Additionally, Defendant's filing further advises that Defendant Nkiruka Ndu is incorrectly identified as Nkiruka Akabike in the Court's order and docket. The undersigned will direct the Clerk of Court to correct the docket accordingly.

Accordingly, it is ORDERED:

1. Defendants' Ex Parte Application for Extension of Time (Doc. No. 24) is GRANTED nunc pro tunc.

2. Defendants' waiver of service summons (Doc. No. 25) is deemed timely filed.

3. The Clerk of Court shall correct the docket to reflect the name of Defendant Nkiruka Akabike as Nkiruka Ndu.


Summaries of

Brummett v. Sherman

United States District Court, Eastern District of California
May 18, 2023
1:20-cv-00622-HBK (PC) (E.D. Cal. May. 18, 2023)
Case details for

Brummett v. Sherman

Case Details

Full title:MELVIN RAY BRUMMETT JR., Plaintiff, v. STUART SHERMAN, D. LOPEZ, G. BEARD…

Court:United States District Court, Eastern District of California

Date published: May 18, 2023

Citations

1:20-cv-00622-HBK (PC) (E.D. Cal. May. 18, 2023)