Polk v. Lattimore et al
ORDER Denying Plaintiff's 33 Request for Immediate Service of Process signed by Magistrate Judge Gary S. Austin on 12/11/2013. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER DENYING PLAINTIFF=S
REQUEST FOR IMMEDIATE
SERVICE OF PROCESS
SUSAN MAE POLK,
MARY LATTIMORE, et al.,
Susan Mae Polk ("Plaintiff") is a state prisoner proceeding pro se in this civil rights
action pursuant to 42 U.S.C. § 1983. This action was initiated by civil Complaint filed on July
16, 2012. (Doc. 1.) On December 2, 2013, Plaintiff filed the Third Amended and a request for
the court to initiate service of process in this action. (Docs. 32, 33.)
SCREENING OF THE COMPLAINT AND SERVICE OF PROCESS
Plaintiff requests the court to serve process of the Third Amended Complaint. At this
stage of the proceedings, Plaintiff’s Third Amended Complaint awaits the court’s requisite
screening process. The court is required by law to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or employee of a governmental entity,
such as the instant action brought pursuant to 42 U.S.C. ' 1983. 28 U.S.C. ' 1915A(a). The
court must dismiss a complaint or portion thereof if the prisoner has raised claims that are
legally Afrivolous or malicious,@ that fail to state a claim upon which relief may be granted, or
that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.
With respect to service, the court will, sua sponte, direct the United States Marshal to
serve the complaint only after the court has screened the complaint and determined that it
contains cognizable claims for relief against the named defendants. Service of process shall not
be initiated until the court has screened the complaint and finds that Plaintiff states cognizable
claims. Therefore, Plaintiff’s request for immediate service of process shall be denied.
Based on the foregoing, IT IS HEREBY ORDERED that
immediate service of process in this action, filed on December 2, 2013, is DENIED.
IT IS SO ORDERED.
December 11, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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