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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEONARD RANSOM, JR.,

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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.

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Leonard Ransom, Jr. ("Plaintiff") is a state prisoner proceeding pro se with this civil

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rights action pursuant to 42 U.S.C. ' 1983. On October 13, 2011, Plaintiff filed the Complaint

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commencing this action. (Doc. 1.) On October 25, 2011, Plaintiff consented to Magistrate

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Judge jurisdiction in this action pursuant to 28 U.S.C. § 636(c), and no other parties have made

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an appearance. (Doc. 4.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the

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Eastern District of California, the undersigned shall conduct any and all proceedings in the case

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until such time as reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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On December 29, 2014, Plaintiff filed a request for the court to direct the United States

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Marshal to serve process upon defendants in this case, and to impose the costs of service on

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defendants for their failure to waive service. Plaintiff asserts that he does not presently have

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the financial means to obtain a process server.
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In an order issued concurrently with this order, Plaintiff was granted thirty days in
In light of Plaintiff’s expected

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which to prepare and file a First Amended Complaint.

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amendment, it is not time for service of process at this juncture. Therefore, Plaintiff’s request

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shall be denied, without prejudice to renewal of the motion at a later stage of the proceedings.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for service by the
United States Marshal is DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

January 4, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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