Elias v. Kinross et al

Filing 21

ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2019 DENYING plaintiff's 10 motion for order directing service. (Yin, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KEIRON M. ELIAS, 11 Plaintiff, 12 13 No. 2:17-cv-2106 WBS DB P v. ORDER J. KINROSS, et al., 14 Defendants. 15 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. On 16 17 February 5, 2019, the Court issued findings and recommendations to allow this case to proceed 18 only on a First Amendment free exercise claim against Kinross, Lt. Gilliam, and Lt. Appleberry, 19 and a RLUIPA claim against Warden Fox. (ECF No. 20.) Those findings and recommendations 20 remain pending. Before the Court is Plaintiff’s motion for order for service (ECF No. 10), which seeks an 21 22 order directing service on the named defendants. Because service is not appropriate until the 23 district judge has ruled on the pending findings and recommendations, IT IS HEREBY 24 ORDERED that plaintiff’s motion is DENIED. 25 Dated: February 27, 2019 26 27 /DLB7; 28 DB/Inbox/Routine/elia2106.misc 1

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