(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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KORY T. O’BRIEN,

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Plaintiff,

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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.,

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Defendants.

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Plaintiff Kory T. O’Brien (“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 March 15, 2021, the Court screened the first amended complaint and issued findings

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and recommendations regarding dismissal of certain claims and defendants. (ECF No. 11.)

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Plaintiff was permitted fourteen days to file any objections to the findings and recommendations.

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(Id. at 10–11.) Now that the deadline for filing objections has expired, the findings and

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recommendations are pending before the District Judge.

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Currently before the Court is Plaintiff’s motion for order of service of the first amended

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complaint on defendants, filed April 23, 2021. (ECF No. 12.) Plaintiff requests that the Court

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order service of the first amended complaint on defendants in light of the findings and

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recommendations. (Id.)

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Plaintiff’s request is premature. While the undersigned has recommended that this action

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proceed on the cognizable claims stated in Plaintiff’s first amended complaint, those findings and

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recommendations have not yet been adopted by the District Judge. If the findings and

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recommendations are adopted, the Court will then order service on the appropriate defendants.

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Plaintiff does not need to request service.

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Accordingly, Plaintiff’s motion for service of the first amended complaint, (ECF No. 12),
is HEREBY DENIED as premature.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 26, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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