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Price v. Dillion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 12, 2008

WILLIAM HENRY PRICE, PLAINTIFF,
v.
DAVID B. DILLION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, brings this civil rights action. On September 16, 2008, the court determined that service of the original complaint was appropriate and, on October 6, 2008, the court directed the United States Marshall to serve process on defendants. Prior to completion of service of process, plaintiff filed a first amended complaint on October 29, 2008. Because the first amended complaint supercedes the original complaint, the court hereby vacates the September 16, 2008, and October 6, 2008, orders, which relate to the original complaint. Appropriate orders for service of the first amended complaint will be issued, if appropriate, after the court conducts mandatory screening which will occur by separate order.

Accordingly, IT IS HEREBY ORDERED that the court's September 16, 2008, and October 6, 2008, orders are vacated.

20081112

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