Jones v. Plessas et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 04/13/10 DENYING 11 Motion for order directing service. (Williams, D)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. C. PLESSAS, el al., Defendants. / Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On April 6, 2010, plaintiff filed a motion requesting the court to order service of process on defendants. Dkt. No. 11. However, on March 29, 2010, plaintiff's complaint was dismissed with leave to amend. Dkt. No. 8. Service is not appropriate until plaintiff files an amended complaint that contains cognizable claims. //// //// //// //// //// 1 ORDER MALIK JONES, Plaintiff, No. 2:09-cv-2133 FCD KJN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 jone2133.ord Accordingly, IT IS HEREBY ORDERED that plaintiff's April 6, 2010 motion (Dkt. No. 11) be denied. DATED: April 13, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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