No. C-13-4958 EMC
ORDER ADOPTING REPORT AND
(Docket No. 11)
Previously, Judge Spero granted Plaintiffs' application to proceed in forma pauperis. See Docket No. 10 (order). Judge Spero then reviewed Plaintiff's petition pursuant to 28 U.S.C. § 1915 and prepared a report recommending that this Court order service of the complaint on Defendants because, although there was one deficiency in the complaint, "[i]n all other respects," the complaint was sufficient to survive § 1915 review. Docket No. 11 (R&R at 14). In a footnote, however, Judge Spero noted that service by the U.S. Marshal might be unnecessary as Plaintiffs were making efforts to effect service on Defendants. See Docket No. 11 (R&R at 14 n.2).
After the fiing of the report and recommendation, Plaintiffs filed an amended petition.
No party filed an objection to the report and recommendation. Having reviewed the report and recommendation, as well as all other evidence, the Court hereby adopts it. However, service by the Marshal is now a moot point because Plaintiffs have served Defendants, see Docket No. 18 (in motion filed by government, conceding service on November 25, 2013), and Defendants have now appeared in this action.
IT IS SO ORDERED.
EDWARD M. CHEN
United States District Judge