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Latimer v. Kolender

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 29, 2007

DEREK FRANK LATIMER, PLAINTIFF,
v.
WILLIAM B. KOLENDER AND TO AMEND THE COUNTY OF SAN DIEGO, DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DENYING REQUEST TO ORDER SERVICE BY U.S. MARSHAL; GRANTING LEAVE

Plaintiff moves for an order instructing the U.S. Marshal to effectuate service on the twenty Doe defendants identified in the motion. In order to serve the Doe defendants, Plaintiff must first amend the complaint to name the known defendants. Consequently, the court construes the present motion as a motion to amend the complaint. So construed, the court grants Plaintiff twenty-five (25) days leave to amend the complaint from the date of entry of this order to identify the Doe defendants in an amended complaint. Upon the filing of an amended complaint naming the Doe defendants, Plaintiff may renew his motion for service by the U.S. Marshal.

IT IS SO ORDERED.

20070529

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