Singh
v.
Holder

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIAJan 10, 2014
No. C-13-4958 EMC (N.D. Cal. Jan. 10, 2014)

No. C-13-4958 EMC

01-10-2014

SOMRAJ SINGH, et al., Plaintiffs, v. ERIC H. HOLDER, JR., et al., Defendants.


ORDER ADOPTING REPORT AND

RECOMMENDATION


(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