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McElroy v. Cox

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


March 24, 2010

LATWAHN MCELROY CDCR #P-71922 PLAINTIFF,
v.
ROY COX, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Anthony J. Battaglia U.S. Magistrate Judge United States District Court

ORDER GRANTING DEFENDANTS' MOTION TO VACATE SCHEDULING ORDER [Doc. No. 35.]

On March 5, 2010, Defendants filed a motion to vacate scheduling order filed on November 3, 2009 because Plaintiff filed an amended complaint on February 1, 2010 adding five new defendants. On March 19, 2010, District Judge Miller issued an order directing the United States Marshall to effect service of the first amended complaint upon the five additional defendants after having determined that the first amended complaint survived the sua sponte screening required by 28 U.S.C. §§1915(e)(2) and 1915A(b). Based on Judge Miller's order, the Court GRANTS Defendants' motion to vacate the scheduling order filed on November 3, 2009. Once an answer has been filed, the Court will set another case management conference.

IT IS SO ORDERED.

20100324

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