Rodriguez v. Hubbard et al

Filing 44

ORDER DENYING Motion to Proceed in Forma Pauperis as Moot 41 ; ORDER GRANTING Plaintiff Extension of Time to Complete Service of Process 41 120 DAY DEADLINE, signed by Magistrate Judge Dennis L. Beck on 11/15/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LUIS VALENZUELA RODRIGUEZ,

Case No. 1:10-cv-00858-DLB PC

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Plaintiff,
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v.

ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS AS
MOOT (ECF No. 41)

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SUSAN HUBBARD, et al.,
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Defendants.

ORDER GRANTING PLAINTIFF
EXTENSION OF TIME TO COMPLETE
SERVICE OF PROCESS (ECF No. 43)

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120 DAY DEADLINE
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Plaintiff Luis Valenzuela Rodriguez (“Plaintiff”) is a California state prisoner proceeding pro

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se in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his third amended complaint

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on February 29, 2012. By separate order, the Court has screened Plaintiff’s third amended complaint

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pursuant to 28 U.S.C. § 1915A(a) and finds that it states cognizable claims for relief against

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Defendants Hubbard, Cate, Harrington, Biter, Soto, Phillips, Da Veiga, Ozaeta, Betzinger, Gregory,

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Garza, Wegman, Alic, Grissom, Speidell, Davis, Foster, Freir, and Rankin.

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On October 22, 2012, Plaintiff filed a motion to proceed in forma pauperis in this action.
ECF No. 41. That motion is denied as moot. The filing fee in this action was paid in full.

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On November 13, 2012, Plaintiff moved for the Court to “honor” its previous order, or in the

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alternative, grant Plaintiff an extension of time to complete service of process. Plaintiff refers to the

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Court’s May 14, 2010 Order, in which the Court stated, “The court will direct the United States

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Marshal to serve plaintiff's complaint only after the court has screened the complaint and determined
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that it contains cognizable claims for relief against the named defendants.” Plaintiff contends that

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the Court had agreed to direct the United States Marshal to effect service once the Court determined

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that Plaintiff’s complaint contains cognizable claims for relief. Plaintiff is incorrect. Pursuant to

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Rule 4(c)(3) of the Federal Rules of Civil Procedure, the Court may order service by the United

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States Marshal at Plaintiff’s request, and must order only if the Plaintiff is authorized to proceed in

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forma pauperis. As stated previously, Plaintiff is not proceeding in forma pauperis.

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Plaintiff will be granted additional time to complete service of process. Accordingly, it is

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HEREBY ORDERED that Plaintiff is granted one hundred twenty (120) days from the date of

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service of this order in which to complete service of process on Defendants.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

November 15, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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