Polanco v. Department of Corrections et al

Filing 26

ORDER DENYING 25 Plaintiff's Motion to Stay Action signed by Magistrate Judge Barbara A. McAuliffe on 1/18/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RIGOBERTO POLANCO,

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CASE NO. 1:11-cv-01421-BAM PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION TO
STAY ACTION

v.
(ECF No. 25)

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DEPARTMENT OF CORRECTIONS, et al.,

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Defendants.
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Plaintiff Rigoberto Polanco (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on August 15,
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2011, and Plaintiff’s complaint was dismissed as it was unsigned. Plaintiff’s signed complaint, filed
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September 16, 2011, is currently pending screening. On January 13, 2012, Plaintiff filed a motion
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to stay the action for sixty eight days in order to allow him to obtain a copy of the complaint to serve
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the defendants in this action.
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Because Plaintiff is proceeding in forma pauperis, he is entitled to have process served on
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his behalf by the Marshal. 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). However, as set forth in the
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Court’s First Informational Order, the Marshal will be directed to initiate service of process only
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after Plaintiff’s complaint has been screened and found to state cognizable claims for relief. 28
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U.S.C. § 1915A; First Informational Order ¶12, ECF No.5.
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Once the complaint is screened and found to have stated a cognizable claim against any
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defendant, a copy of the complaint will be sent to Plaintiff with service documents to be completed
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and returned.
Accordingly, Plaintiff’s motion for a stay, filed January 13, 2012, is HEREBY DENIED.
IT IS SO ORDERED.
Dated:
cm411

January 18, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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