Felton v. Lopez, et al.

Filing 23

ORDER Vacating Order Directing Service; ORDER for Clerk to Serve a Copy of this Order on the Marshals Service in Sacramento signed by Magistrate Judge Gary S. Austin on 04/22/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:12-cv-01066-AWI-GSA-PC

KELVIN FELTON,
Plaintiff,

ORDER VACATING ORDER DIRECTING
SERVICE
(Doc. 15.)

vs.
J. LOPEZ, et al.,

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ORDER FOR CLERK TO SERVE A COPY
OF THIS ORDER ON THE MARSHALS
SERVICE IN SACRAMENTO

Defendants.

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Kelvin Felton (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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June 29, 2012. (Doc. 1.) The Court screened the Complaint pursuant to 28 U.S.C. § 1915A

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and issued an order on February 13, 2013, finding that Plaintiff states cognizable claims in the

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Complaint against defendants Harrison and Lopez (“Defendants”). (Doc. 11.) On March 4,

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2013, the Court issued an order directing the United States Marshal to serve a copy of the

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Complaint on the Defendants. (Doc. 15.)

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On April 19, 2013, with leave of court, Plaintiff filed the First Amended Complaint.

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(Doc. 22.) Under these circumstances, the Court shall vacate the order directing service,

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pending screening of the First Amended Complaint pursuant to 28 U.S.C. § 1915A.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Court’s order of March 4, 2013, which directed the United States Marshal

to serve process upon Defendants in this action, is VACATED; and
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The Clerk is DIRECTED to serve a copy of this order on the United States

Marshals Service in Sacramento.

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IT IS SO ORDERED.
Dated:

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April 22, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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