IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 11, 2009
TOMAS PEREZ, PLAINTIFF,
SCRIBNER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge
ORDER RE MOTION (DOC 17)
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. §1983.
On July 31, 2008, an order was entered, finding that the complaint stated a claim as to certain defendants and directing Plaintiff to complete and return to the court forms for service of process on those defendants. On November 3, 2008, Defendants filed a motion requesting a new screening order. Defendants note that the screening order referred to defendants not named in the complaint. Further, the order directs service of process upon defendants without a finding that the complaint states a claim against them. A review of the order reveals that it was entered in error.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendant's motion for a new screening order is granted
1. The July 31, 2008, screening order is vacated.
2. A new screening order will issued. The defendants who have appeared in this action will be directed to respond to the complaint, if appropriate, by a separate screening order which will issue.
IT IS SO ORDERED.
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