Lynch v. Doe, et al

Filing 17

ORDER DENYING 11 Motion for Service as Premature signed by Magistrate Judge Gary S. Austin on 7/19/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONEY LYNCH,

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1:09-cv-02097-AWI-GSA-PC

Plaintiff,

ORDER DENYING MOTION FOR SERVICE
AS PREMATURE

v.
(Doc. 11.)

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WARDEN OF PLEASANT VALLEY
STATE PRISON, et al.,

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Defendants.
/

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Anthoney Lynch (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action

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on December 2, 2009. (Doc. 1.) On January 3, 2011, Plaintiff filed a motion for the court to

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direct the Marshal to serve process in this action. (Doc. 11.)

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The court is required by law to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity, such as the instant

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action brought pursuant to 42 U.S.C. § 1983. U.S.C. § 1915A(a). The court must dismiss a

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complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or

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malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary

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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

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With respect to service, the court will, sua sponte, direct the United States Marshal to
serve the complaint only after the court has completed the screening process and determined that
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the complaint contains cognizable claims for relief against the named defendants. In this case,

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the court screened the Complaint pursuant to § 1915A and entered an order on April 14, 2011,

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dismissing the Complaint for failure to state a claim, with leave to amend. (Doc. 13.) Plaintiff

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has not yet filed an amended complaint. Therefore, the screening process is not completed, and

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Plaintiff’s motion for service is premature and shall be denied.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for service, filed on
January 3, 2011, is DENIED as premature.

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IT IS SO ORDERED.

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Dated:
6i0kij

July 19, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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