Holguin v. Wicks

Filing 32

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO HOLGUIN,

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Plaintiff,
v.
R. WICKS,

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)

Defendant.

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Plaintiff Pablo Holguin (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 16, 2017, the Court

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issued an order finding that Plaintiff’s second amended complaint stated a cognizable claim

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against Defendant R. Wicks for violation of Due Process for denial of Plaintiff’s right to call an

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identified witness in his defense. The assigned Magistrate Judge further issued Findings and

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Recommendations recommending dismissal of Plaintiff’s other claims against Defendant Wicks,

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and objections were due on July 19, 2017. (ECF No. 29.) Any objections will be submitted with

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the Findings and Recommendations to the assigned District Judge for consideration.

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On July 12, 2017, the Court issued an order directing the U.S. Marshal to serve the second

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amended complaint on Defendant R. Wicks. (ECF No. 31.) However, as Defendant Wicks has

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already appeared in this action, (ECF No. 12), it is not necessary for the U.S. Marshal to serve

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Defendant Wicks with the second amended complaint.
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The Court will defer the matter of the filing of a response to the second amended

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complaint until the pending Findings and Recommendations have been reviewed by the assigned

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District Judge.

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Accordingly, it is HEREBY ORDERED that the Court’s July 12, 2017 order directing the

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U.S. Marshal to serve the second amended complaint on Defendant Wicks, (ECF No. 31), is

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VACATED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 24, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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