Taylor et al v. Walmart, Inc.

Filing 17

ORDER DENYING Motion to Designate Action Legal Support Service as Process Server 16 , signed by Magistrate Judge Dennis L. Beck on 9/22/10: Motion is DENIED AS MOOT. (Hellings, J)

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Taylor et al v. Walmart, Inc. Doc. 17 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 Plaintiffs Corey Taylor and Jotasha Taylor ("Plaintiffs") are proceeding pro se and in 17 forma pauperis in this action. Plaintiffs filed their complaint upon which this action proceeds on 18 June 24, 2010. 19 On August 3, 2010, the Court found that Plaintiffs' complaint stated certain cognizable 20 claims for relief against Defendant. The Court ordered Plaintiffs to provide information for 21 service of process, including form USM-285 and copies of the complaint for service. 22 After Plaintiffs filed the required papers, the Court directed the Clerk of the Court to 23 forward the documents to the United States Marshal for service. The Court also directed the 24 United States Marshal to request waiver of service and, if Defendant did not return the waiver of 25 service within a specified time, to personally serve Defendant. 26 Now pending before this Court is Plaintiffs' motion to designate Action Legal Support 27 Service as process server, which was filed on September 16, 2010. 28 1 Dockets.Justia.com UNITED STATES DISTRICT COURT COREY TAYLOR; JOTASHA TAYLOR, ) ) ) ) Plaintiffs, ) ) v. ) ) WALMART, INC., ) ) ) ) Defendant. ) ) 1:10cv01138 OWW DLB ORDER DENYING MOTION TO DESIGNATE ACTION LEGAL SUPPORT SERVICE AS PROCESS SERVER (Document 16) 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 As noted, Plaintiffs are proceeding in forma pauperis under 28 U.S.C. 1915. Pursuant to Federal Rule of Civil Procedure 4(c)(3), the Court is required to appoint a process server for a plaintiff authorized to proceed in forma pauperis. Fed. R. Civ. P. 4(c)(3). The Court may appoint a United States marshal or deputy marshal for this purpose. Id.; 28 U.S.C. 1915(d). Here, the Court has directed the United States Marshal to serve process for Plaintiffs in this matter. The completed service documents already have been forwarded to the United States Marshal for service. Therefore, Plaintiffs' motion to designate a process server is unnecessary and is DENIED AS MOOT. IT IS SO ORDERED. Dated: 3b142a September 22, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 2

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