Tristan Allan v. Akanno

Filing 5

ORDER Denying 3 Plaintiff's Motion for Service of Summons and Complaint 3 , signed by Magistrate Judge Barbara A. McAuliffe on 7/12/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TRISTAN D. ALLAN,

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CASE NO. 1:12-cv–01103-BAM PC

Plaintiff,

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v.

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ORDER DENYING PLAINTIFF’S MOTION
FOR SERVICE OF SUMMONS AND
COMPLAINT

DR. AKANNO,

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(ECF No. 3)
Defendant.
/

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Plaintiff Tristan D. Allan is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. On July 9, 2012, Plaintiff filed a complaint and a

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motion for service of summons and complaint. (ECF Nos. 1, 3.)

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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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Court screens complaints in the order in which they are filed and strives to avoid delays whenever

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possible. However, there are hundreds of prisoner civil rights cases presently pending before the

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Court, and delays are inevitable despite the Court’s best efforts. The Court will direct the United

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States Marshal to serve the complaint only after the Court has determined that the complaint contains

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cognizable claims for relief against the named defendants. Until the Court has screened the

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complaint and found cognizable claims, any request for service by the Marshal is premature and will

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be denied.

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///

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///
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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for service by the United
States Marshal, filed July 9, 0212, is DENIED.
IT IS SO ORDERED.
Dated:
10c20k

July 12, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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