IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 17, 2012
MARTIN WARE, PLAINTIFF,
M. MCDONALD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
On August 9, 2012, plaintiff filed a document styled "Motion to Permit Subpoena Upon Defendant." (Dkt. No. 19.) Plaintiff's motion for a subpoena is premature. On July 30, 2012, plaintiff's amended complaint was dismissed, and plaintiff was granted thirty days in which to file a second amended complaint. Thus, no operative complaint is presently on file. Moreover, no defendant has yet been served with process, and no answer has been filed. Therefore, plaintiff's request for subpoena is premature. Accordingly, IT IS HEREBY ORDERED that plaintiff's August 9, 2012 motion (dkt. no. 19) is denied without prejudice.
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