De-Luis-Conti et al v. Cates et al

Filing 29

ORDER DENYING 28 Motion for Defendants to be Served by U.S. Marshals signed by Magistrate Judge Michael J. Seng on 5/9/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GRAHAM ROGER-LEE DE-LUIS-CONTI, CASE NO.

1:10-cv-1852-LJO-MJS (PC)

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Plaintiff,

O RD ER D EN YI NG M OT ION FO R
DEFENDANTS TO BE SERVED BY US
MARSHALS

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v.
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M CATES, et al.,

(ECF No. 28)

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Defendants.
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Plaintiff Graham Roger-Lee De-Luis-Conti (“Plaintiff”) is a state prisoner proceeding

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pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before

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the Court is Plaintiff’s Motion for Defendants to be Served by U.S. Marshal. (ECF No. 28.)

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Plaintiff asks the Court to forward him the documents necessary to have the United States

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Marshal serve his Complaint on Defendants.

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The Court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has

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raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which

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relief may be granted, or that seek monetary relief from a defendant who is immune from

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such relief. 28 U.S.C. § 1915A(b)(1),(2). The Court will direct the United States Marshal

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to serve Plaintiff’s complaint only after the Court has screened the complaint and

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determined that it contains cognizable claims for relief against the named Defendants. The

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Court has a large number of prisoner civil rights cases pending before it and will screen

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Plaintiff’s complaint in due course. No further action is required on this case until Plaintiff’s

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Complain is screened by the Court.

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Accordingly, Plaintiff’s Motion for Defendants to be Served by US Marshal is
DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

May 9, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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