Sekona v. Horowitz et al

Filing 23

ORDER signed by Magistrate Judge Dennis M. Cota on 1/02/20 DENYING 21 , 22 plaintiff's motions seeking an order directing defendants to respond to plaintiff's complaint. (Plummer, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ETUATE SEKONA, 11 12 13 14 No. 2:17-CV-2479-JAM-DMC-P Plaintiff, v. ORDER HOROWITZ, Defendant. 15 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 42 U.S.C. § 1983. Pending before the court are plaintiff’s motions seeking an order directing 18 defendants to respond to plaintiff’s complaint (ECF Nos. 21 and 22). A review of the docket 19 reflects that the court directed the United States Marshal to effect service of process on September 20 20, 2019. The docket does not, however, reflect that defendant has been served. Because 21 defendant has not been served, there is no obligation to respond to plaintiff’s complaint. For this 22 reason, plaintiff’s motions are denied. 23 IT IS SO ORDERED. 24 25 Dated: January 2, 2020 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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