Butler v. Onyejie et al

Filing 18

ORDER denying 15 Motion for U.S. Marshal to serve first amended complaint signed by Magistrate Judge Dennis L. Beck on 11/3/2011. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PERRY C. BUTLER,
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Plaintiff,
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v.
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DR. O. ONYEJIE, et al.,
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Defendants.

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1:11cv0723 AWI DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR U.S. MARSHAL TO SERVE FIRST
AMENDED COMPLAINT
(Document 15)

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Plaintiff Perry C. Butler, a former prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action on April 5, 2011. Plaintiff submitted a First Amended Complaint on May

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24, 2011.

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Also on May 24, 2011, Plaintiff filed a “Motion for U.S. Marshal to Serve Summons and

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First Amended Complaint.” Contrary to Plaintiff’s belief, however, the Court’s waiver of the

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filing fee does not, by itself, entitle Plaintiff to service of his complaint.

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A federal court must engage in a preliminary screening of any case in which a prisoner

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seeks redress from a governmental entity or officer or employee of a governmental entity. See 28

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U.S.C. § 1915A(a). Although Plaintiff is on parole and no longer incarcerated, his action

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involves the conditions of confinement and will be handled as a prisoner civil rights action.

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Accordingly, Plaintiff’s First Amended Complaint must first be screened and his Motion
to Serve is DENIED.
IT IS SO ORDERED.
Dated:
3b142a

November 3, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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