Moran v. Dutra et al

Filing 9

ORDER DENYING 8 Plaintiff's Motion For Service on Defendants, signed by Magistrate Judge Michael J. Seng on 1/25/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS MORAN,

CASE NO.

1:11-cv-914-LJO-MJS (PC)

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Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR SERVICE ON DEFENDANTS

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v.
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(ECF No. 8)
K. DUTRA, et al.,

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Defendants.
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/
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Plaintiff Nicholas Moran (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff’s “Motion/Request

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for Status of Service to Defendants”. (ECF No. 8.) Plaintiff alleges that he filed this action

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on June 1, 2011, and that he has not received any notice regarding whether or not

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Defendants have been served.

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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.

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///

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The Court is aware of Plaintiff’s action and his Compliant is in line for screening.

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However, the Court has a large number of prisoner civil rights cases pending before it and

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will screen Plaintiff’s Complaint in due course. Until such time as the Court has screened

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Plaintiff’s Complaint, no further action is required.

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Accordingly, Plaintiff’s Motion/Request for Status of Service to Defendants (ECF
No. 8) is DENIED.

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IT IS SO ORDERED.

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Dated:
92b0h

January 25, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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