Mehmood v. Sarani

Filing 28

ORDER signed by Magistrate Judge Allison Claire on 1/2/2018 VACATING 27 Motion for TRO; DENYING 26 Motion for Discovery; The Clerk of the Court is DIRECTED to reserve copies of the summons form, together with a copy of this order on plaintiff; and Within 30 days from the date of this order, plaintiff shall complete and submit a completed summons form to this court. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YASIR MEHMOOD,

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Plaintiff,

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No. 2:17-cv-0970 KJM AC PS

v.

ORDER

TABASSUM SARANI,

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Defendant.

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The court is in receipt of plaintiff’s notice of submission of documents. ECF No. 25.

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Plaintiff has, however, failed to submit a completed summons form as directed. Plaintiff is

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required to complete the summons form in order to effect service of his amended complaint.

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Accordingly, plaintiff’s motion for discovery, ECF No. 26, will be denied as premature. Until

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defendant is served, no action will be taken in the case. Plaintiff is further advised that discovery

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will not commence until a scheduling order has issued.

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Plaintiff has also filed a motion for a temporary or permanent restraining order pursuant to

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Fed. R. Civ. Proc. 65(c). ECF No. 27. The court may not consider such a request unless and until

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the defendant has been served with the complaint and notified of the motion. See E.D. Cal. L. R.

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231(a); Fed. R. Civ. Proc. 65(b). Accordingly, the motion for preliminary equitable relief will be

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vacated, without prejudice to renewal following service of the amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The motion for a restraining order, ECF No. 27, is VACATED;

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2. The motion for discovery, ECF No. 26, is DENIED as premature;

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3. The Clerk of the Court is directed to reserve copies of the summons form, together

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with a copy of this order on plaintiff; and
4. Within 30 days from the date of this order, plaintiff shall complete and submit a
completed summons form to this court.
IT IS SO ORDERED.
DATED: January 2, 2018

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