Greenblatt v. Patel, et al.

Filing 9

ORDER Denying Plaintiff's 7 Motion for Service of Complaint as Premature signed by Magistrate Judge Sheila K. Oberto on 01/27/2012. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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SHAWN GREENBLATT,

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Plaintiff,

1:12-cv-00046-SKO (PC)

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vs.

ORDER DENYING PLAINTIFF’S MOTION
FOR SERVICE OF COMPLAINT AS
PREMATURE

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PATEL, et al.,

(Doc. 7)

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Defendants.

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________________________________/

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On January 23, 2012, Plaintiff filed a motion seeking service of his complaint by the

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United States Marshal. Plaintiff is entitled to the appointment of the Marshal to serve process on

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his behalf because he is proceeding in forma pauperis. 28 U.S.C. §1915(d); Fed. R. Civ. P.

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4(c)(3). However, the Marshal will not be directed by the Court to initiate service of the

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complaint until the Court has screened Plaintiff’s complaint and determined that it states

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cognizable claims. 28 U.S.C. § 1915A. Plaintiff is directed to review paragraph 12 of the First

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Information Order, which sets forth an explanation regarding screening and service of process.

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(Doc. 3.)

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For the reasons set forth above, Plaintiff’s motion for service of his complaint is
HEREBY DENIED as premature.

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IT IS SO ORDERED.

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Dated:
i0d3h8

January 27, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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