Gil v. Yates et al

Filing 10

ORDER Denying Plaintiff's Motion For Service Of The Complaint And Summons And Service Of Subsequent Papers (Doc. 7 ), signed by Magistrate Judge Sandra M. Snyder on 4/21/2010. (Scrivner, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. 17 On December 9, 2009, Plaintiff filed a motion for service of the complaint and summons and service 18 of subsequent papers. 19 The Court is required to screen complaints brought by prisoners seeking relief against a 20 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 21 Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 22 "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek 23 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 24 The Court will direct the United States Marshal to serve Plaintiff's First Amended Complaint only 25 after the Court has screened the First Amended Complaint and determined that it contains cognizable 26 claims for relief against the named defendants. The Court has a large number of prisoner civil rights 27 cases pending before it and will screen Plaintiff's First Amended Complaint in due course. 28 1 / v. YATES, et. al., Defendants. (Doc. 7) FRANCISCO J. GIL, Plaintiff, ORDER DENYING PLAINTIFF'S MOTION FOR SERVICE OF THE COMPLAINT AND SUMMONS AND SERVICE OF SUBSEQUENT PAPERS CASE NO. 1:09-cv-00917-SMS (PC)

UNITED STATES DISTRICT COURT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: icido3 April 21, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion for service of the complaint and summons and service of subsequent papers, filed December 9, 2009 is denied.