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Michael O. Devaughn v. North Kern State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 23, 2012

MICHAEL O. DEVAUGHN,
PLAINTIFF,
v.
NORTH KERN STATE PRISON, ET AL., DEFENDANTS.

ORDER DENYING MOTION FOR SERVICE OF COMPLAINT Doc. 7 ORDER DISREGARDING PLAINTIFF'S MOTION TO AMEND COMPLAINT / Doc. 8

On March 14, 2012, Plaintiff Michael O. DeVaughn ("Plaintiff") a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On July 26, 2012, Plaintiff filed a motion to amend his complaint in conjunction with filing his first amended complaint. Docs. 8, 9. The Court will disregard Plaintiff's motion, as he may amend once as a matter of right without leave of court. Fed. R. Civ. P. 15(a)(1). As for Plaintiff's motion to serve his complaint, in a separate order, the undersigned issued findings and recommendations, recommending that this action be dismissed for failure to state a claim and as barred by Heck v. Humphrey, 512 U.S. 477, 486 (1994). Thus, the Court declines to issue service on Plaintiff's complaint at this time.

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's motion for service of complaint is DENIED; and

2. Plaintiff's motion to amend complaint is DISREGARDED.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE

20120823

© 1992-2012 VersusLaw Inc.



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