Tomas Perez v. Scribner et al

Filing 24

ORDER signed by Magistrate Judge William M. Wunderlich on 2/11/2009 GRANTING 17 MOTION /Request for New Screening Order and VACATING 10 Screening Order. (Lundstrom, T)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. 1983. On July 31, 2008, an order was entered, finding that the complaint stated a claim as to certain defendants and directing Plaintiff to complete and return to the court forms for service of process on those defendants. On November 3, 2008, Defendants filed a motion requesting a new screening order. Defendants note that the screening order referred to defendants not named in the complaint. Further, the order directs service of process upon defendants without a finding that the complaint states a claim against them. A review of the order reveals that it was entered in error. Accordingly, IT IS HEREBY ORDERED that: 1. Defendant's motion for a new screening order is granted. SCRIBNER, et al., Defendants. vs. TOMAS PEREZ, Plaintiff, 1: 06 CV 1022 OWW WMW PC ORDER RE MOTION (DOC 17) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. The July 31, 2008, screening order is vacated. 2. A new screening order will issued. The defendants who have appeared in this action will be directed to respond to the complaint, if appropriate, by a separate screening order which will issue. IT IS SO ORDERED. Dated: j14hj0 February 11, 2009 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 2

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