UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 10, 2008
MICHAEL LENOIR SMITH, PLAINTIFF,
SGT. DAVIS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DENYING MOTION FOR ORDER DIRECTING RE-SERVICE ON DEFENDANT LINDQUIST AS PREMATURE (Doc. 44)
Plaintiff Michael Lenoir Smith ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The United States Marshal was ordered by the Court to initiate service of process by order filed June 11, 2008. (Doc. 16.) On November 3, 2008, Plaintiff filed a motion seeking re-service on Defendant Lindquist. (Doc. 44.)
Plaintiff's motion is premature. Service on Defendant Lindquist is still in process. If the documents are returned by the Marshal as un-executed, the new information provided by Plaintiff will be utilized. At this juncture, however, there is no basis for presuming that service will not be accomplished.
Accordingly, Plaintiff's motion for an order directing re-service on Defendant Lindquist, filed November 3, 2008, is HEREBY DENIED as premature.
IT IS SO ORDERED.
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