Opinion
No. 2:12-cv-1505 MCE KJN P
08-17-2012
MARTIN WARE, Plaintiff, v. M. McDONALD, et al., Defendants.
ORDER
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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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE