Holguin v. Wicks
ORDER Vacating Order Directing U.S. Marshal to Serve Second Amended Complaint on R. Wicks signed by Magistrate Judge Barbara A. McAuliffe on 07/24/2017. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-00346-DAD-BAM (PC)
ORDER VACATING ORDER DIRECTING
U.S. MARSHAL TO SERVE SECOND
AMENDED COMPLAINT ON R. WICKS
(ECF No. 31)
Plaintiff Pablo Holguin (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 16, 2017, the Court
issued an order finding that Plaintiff’s second amended complaint stated a cognizable claim
against Defendant R. Wicks for violation of Due Process for denial of Plaintiff’s right to call an
identified witness in his defense. The assigned Magistrate Judge further issued Findings and
Recommendations recommending dismissal of Plaintiff’s other claims against Defendant Wicks,
and objections were due on July 19, 2017. (ECF No. 29.) Any objections will be submitted with
the Findings and Recommendations to the assigned District Judge for consideration.
On July 12, 2017, the Court issued an order directing the U.S. Marshal to serve the second
amended complaint on Defendant R. Wicks. (ECF No. 31.) However, as Defendant Wicks has
already appeared in this action, (ECF No. 12), it is not necessary for the U.S. Marshal to serve
Defendant Wicks with the second amended complaint.
The Court will defer the matter of the filing of a response to the second amended
complaint until the pending Findings and Recommendations have been reviewed by the assigned
Accordingly, it is HEREBY ORDERED that the Court’s July 12, 2017 order directing the
U.S. Marshal to serve the second amended complaint on Defendant Wicks, (ECF No. 31), is
IT IS SO ORDERED.
July 24, 2017
UNITED STATES MAGISTRATE JUDGE
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