Toth v. Yates et al

Filing 38

ORDER Disregarding 10 Motion for Issuance of Summons as Premature signed by Magistrate Judge Dennis L. Beck on 8/12/2009. (Sant Agata, S)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT J. DOE, Plaintiff, v. CASE NO. 1:08-cv-01219-LJO DLB PC ORDER DISREGARDING MOTION FOR ISSUANCE OF SUMMONS AS PREMATURE (Doc. 10) J. YATES, et al., Defendants. / On August 15, 2008, defendants J. Yates, C. Hudson-Huckabay and K. Scott filed a notice of removal of this action. (Doc. 1.) On October 10, 2008, Plaintiff J. Doe1 filed a motion requesting that the Court provide Plaintiff with instructions and summons to serve defendants who have not yet appeared in this action. (Doc. 10.) On July 28, 2009, this Court issued an order requiring Plaintiff to file an amended complaint. within thirty (30) days. The Court has not yet received Plaintiff's amended complaint. Therefore, the request for the issuance of summons for service is disregarded as premature. IT IS SO ORDERED. Dated: 3b142a August 12, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE Fictitious name. 1

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