Ransom v. Herrera et al

Filing 23

ORDER Denying Plaintiff's 21 Motion for Service by the United States Marshal, without Prejudice, signed by Magistrate Judge Gary S. Austin on 1/4/15. (Verduzco, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARD RANSOM, JR., 12 13 14 15 Plaintiff, vs. DANNY HERRERA, et al., 1:11-cv-01709-GSA-PC ORDER DENYING PLAINTIFF’S REQUEST FOR SERVICE BY THE UNITED STATES MARSHAL, WITHOUT PREJUDICE (Doc. 21.) Defendants. 16 17 18 Leonard Ransom, Jr. ("Plaintiff") is a state prisoner proceeding pro se with this civil 19 rights action pursuant to 42 U.S.C. ' 1983. On October 13, 2011, Plaintiff filed the Complaint 20 commencing this action. (Doc. 1.) On October 25, 2011, Plaintiff consented to Magistrate 21 Judge jurisdiction in this action pursuant to 28 U.S.C. § 636(c), and no other parties have made 22 an appearance. (Doc. 4.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the 23 Eastern District of California, the undersigned shall conduct any and all proceedings in the case 24 until such time as reassignment to a District Judge is required. Local Rule Appendix A(k)(3). 25 On December 29, 2014, Plaintiff filed a request for the court to direct the United States 26 Marshal to serve process upon defendants in this case, and to impose the costs of service on 27 defendants for their failure to waive service. Plaintiff asserts that he does not presently have 28 the financial means to obtain a process server. 1 1 In an order issued concurrently with this order, Plaintiff was granted thirty days in In light of Plaintiff’s expected 2 which to prepare and file a First Amended Complaint. 3 amendment, it is not time for service of process at this juncture. Therefore, Plaintiff’s request 4 shall be denied, without prejudice to renewal of the motion at a later stage of the proceedings. 5 6 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for service by the United States Marshal is DENIED, without prejudice. 7 8 9 10 IT IS SO ORDERED. Dated: January 4, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?