Opinion
1:22-cv-00219-SKO (PC)
05-12-2023
NATHAN HUNTER, Plaintiff, v. I. ROSALES, et al., Defendants.
ORDER GRANTING EXTENSION OF TIME WITHIN WHICH TO FILE WAIVERS OF SERVICE OF PROCESS
(Doc. 19)
SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE
Plaintiff Nathan Hunter is proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983.
RELEVANT PROCEDURAL BACKGROUND
On February 28, 2023, this Court issued its Order Finding Service Appropriate, directing service of process of Plaintiff's complaint through the Court's e-service pilot program. (Doc. 7.)
On April 12, 2023, the Court issued its Order Granting Extension of Time Within Which to File Notice of E-Service Waiver, granting a 14-day extension of time within which the California Department of Corrections and Rehabilitation was to file notice of e-service waiver concerning Defendant C. Riley. (Doc. 12.) On that same day, an Amended Notice of E-Service Waiver was filed setting forth an intent to waive service on behalf of Defendants R. Covarrubias, R. Figueroa, J. Guardado-Mendez and I. Rosales (Doc. 13), and an Amended Notice of E-Service Waiver was also filed indicating an intent not to waive service on behalf of Defendant R. Volker (Doc. 14).
On April 19, 2023, another Amended Notice of E-Service Waiver was filed indicating an intent to waive service on behalf of Defendants Covarrubias, Figueroa, Guardado-Mendez and Rosales (Doc. 16), as was an Amended Notice of E-Service Waiver indicating an intent not to waive service on behalf of Defendants Riley and Volker (Doc. 17). A comparison of the filings submitted April 12, 2023 (Docs. 13 & 14), and April 19, 2023 (Docs. 16 & 17), reveals updated information was provided regarding Defendant Riley.
On May 3, 2023, a signed Waiver of Service of Summons was filed as to Defendant Volker. (Doc. 18.)
On May 11, 2023, Deputy Attorney General Patricia M. Kealy filed a Request for Extension of Time to File Waivers of Service of Process and Declaration of Counsel. (Doc. 19.) Counsel seeks a 30-day extension of time within which to file a waiver of service on behalf of the Defendants who have not yet waived service: Covarrubias, Guardado-Mendez, Figueroa, Rosales and Riley, while the Attorney General's Office continues to determine whether it “can represent Defendants Covarrubias, Guardado-Mendez, Figueroa, Rosales, Riley and Volker.” (Id. at 3.)
CONCLUSION AND ORDER
For good cause shown, the request for an extension of time to file waivers of service of process is GRANTED. The waivers of service of process shall be filed within 30 days of the date of this order.
IT IS SO ORDERED.