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Avery v. Gonzales

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 26, 2009

SHANNON LEWIS AVERY, SR., PLAINTIFF,
v.
G. GONZALES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge

ORDER RE MOTIONS (DOCS 26, 29, 40)

Plaintiff has filed motions seeking a jury trial, and to have the summons and complaint served by the U.S. Marshal. The court directs Plaintiff to Federal Rule of Civil Procedure 38(b) for the filing requirements for a demand for jury trial. At such time as the court screens the complaint, the court will direct service of the complaint upon those defendants that Plaintiff states a claim against. Upon the filing of an answer, a discovery order will issued, setting a deadline for the filing of amended pleadings. Any amended complaint may include a demand for jury trial. The motion is therefore premature.

As to Plaintiff's motions for service, the complaint will be screened in due course. Appropriate orders will then issued.

Accordingly, IT IS HEREBY ORDERED that Plaintiff's motions are denied. IT IS SO ORDERED.

20090226

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