Branch v. Grannis, et al.,

Filing 39

ORDER DENYING Plaintiff's Motion for Proof of Service as Premature 38 , signed by Magistrate Judge Sandra M. Snyder on 7/22/11. (Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LOUIS BRANCH, 10 CASE NO. 1:08-cv-01655-SMS PC Plaintiff, 11 ORDER DENYING PLAINTIFF’S MOTION FOR PROOF OF SERVICE AS PREMATURE v. (ECF No. 38) 12 N. GRANNIS, et al., 13 Defendants. / 14 15 Plaintiff Louis Branch (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 16 in this civil rights action pursuant to 42 U.S.C. § 1983. On June 22, 2011, the undersigned issued 17 an order directing the United States Marshal to serve the amended complaint on Defendant D. 18 Umphenour. On July 14, 2011, Plaintiff filed a motion for proof of service by the United States 19 Marshal. (ECF No. 38.) The complaint is in the process of being served and the time for service to 20 be completed has not yet passed. See Fed. R. Civ. P. 4. Once the complaint has been served 21 Plaintiff will receive notification. 22 Accordingly, Plaintiff’s motion for proof of service is HEREBY DENIED as premature. 23 IT IS SO ORDERED. 24 Dated: cm411 July 22, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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