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Doe v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 12, 2009

J. DOE, PLAINTIFF,
v.
J. YATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISREGARDING MOTION FOR ISSUANCE OF SUMMONS AS PREMATURE (Doc. 10)

On August 15, 2008, defendants J. Yates, C. Hudson-Huckabay and K. Scott filed a notice of removal of this action. (Doc. 1.) On October 10, 2008, Plaintiff J. Doe*fn1 filed a motion requesting that the Court provide Plaintiff with instructions and summons to serve defendants who have not yet appeared in this action. (Doc. 10.)

On July 28, 2009, this Court issued an order requiring Plaintiff to file an amended complaint. within thirty (30) days. The Court has not yet received Plaintiff's amended complaint. Therefore, the request for the issuance of summons for service is disregarded as premature.

IT IS SO ORDERED.


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