(PC) O'Brien v. Ogletree et al

Filing 13

ORDER DENYING 12 Plaintiff's Motion For Service as Premature, signed by Magistrate Judge Barbara A. McAuliffe on 04/26/2021. (Maldonado, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KORY T. O’BRIEN, 12 Plaintiff, 13 14 Case No. 1:20-cv-01553-NONE-BAM (PC) ORDER DENYING PLAINTIFF’S MOTION FOR SERVICE AS PREMATURE v. (ECF No. 12) OGLETREE, et al., 15 Defendants. 16 Plaintiff Kory T. O’Brien (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 15, 2021, the Court screened the first amended complaint and issued findings 19 20 and recommendations regarding dismissal of certain claims and defendants. (ECF No. 11.) 21 Plaintiff was permitted fourteen days to file any objections to the findings and recommendations. 22 (Id. at 10–11.) Now that the deadline for filing objections has expired, the findings and 23 recommendations are pending before the District Judge. 24 Currently before the Court is Plaintiff’s motion for order of service of the first amended 25 complaint on defendants, filed April 23, 2021. (ECF No. 12.) Plaintiff requests that the Court 26 order service of the first amended complaint on defendants in light of the findings and 27 recommendations. (Id.) 28 /// 1 1 Plaintiff’s request is premature. While the undersigned has recommended that this action 2 proceed on the cognizable claims stated in Plaintiff’s first amended complaint, those findings and 3 recommendations have not yet been adopted by the District Judge. If the findings and 4 recommendations are adopted, the Court will then order service on the appropriate defendants. 5 Plaintiff does not need to request service. 6 7 Accordingly, Plaintiff’s motion for service of the first amended complaint, (ECF No. 12), is HEREBY DENIED as premature. 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Barbara April 26, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?