Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTWOINE BEALER, Case No. 2:23-cv-0284-DC-JDP (P) Plaintiff, v. ORDER WARDEN, et al., Defendants. 16 Pending before the court are plaintiff’s motion to proceed with discovery and motion for 17 summary judgment. ECF Nos. 27 & 30. However, because no defendant has been identified or 18 served, and because no scheduling order has issued, both motions are denied without prejudice as 19 premature. Once plaintiff determines the identity of defendants, he shall file a motion to 20 substitute the named individual defendants. After defendants are served, the court will issue a 21 scheduling order, which will include deadlines for discovery and dispositive motions. 22 Plaintiff has returned to the court subpoenas directed at discovering the identities of the 23 unknown defendants. ECF No. 23. Since plaintiff is not proceeding in forma pauperis, the U.S. 24 Marshal will not serve plaintiff’s subpoenas for free. See 28 U.S.C. § 1915(d); cf. James v. 25 Scribner, No.…