Opinion
CASE NO. 1:09-cv-00352-LJO-SKO PC
01-11-2012
LOUIS OLIVEREZ, JR., Plaintiff, v. BEN ALBITRE, et al., Defendants.
ORDER DENYING MOTION AS MOOT
(Doc. 39)
On January 9, 2012, Plaintiff Louis Oliverez, Jr., a state prisoner proceeding pro se and in forma pauperis in this civil rights action, filed a motion seeking re-service of Defendants' motion for summary judgment, which the Court referred to in its order of January 4, 2012.
A review of the record shows that Plaintiff filed a notice of change of address to Sierra Conservation Center on June 16, 2011, but Defendants served their motion for summary judgment on Plaintiff at California State Prison-Corcoran. However, on January 10, 2012, Defendants filed a notice stating that they discovered their mistake following receipt of Plaintiff's motion, and they have corrected their records and re-served their motion for summary judgment.
Accordingly, Plaintiff's motion for re-service is now moot and it is DENIED on that ground.
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE