Polk v. Lattimore et al
Filing
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ORDER Denying Plaintiff's 33 Request for Immediate Service of Process signed by Magistrate Judge Gary S. Austin on 12/11/2013. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
ORDER DENYING PLAINTIFF=S
REQUEST FOR IMMEDIATE
SERVICE OF PROCESS
(Doc. 33.)
v.
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1:12-cv-01156-AWI-GSA-PC
SUSAN MAE POLK,
MARY LATTIMORE, et al.,
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Defendants.
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I.
BACKGROUND
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Susan Mae Polk ("Plaintiff") is a state prisoner proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. § 1983. This action was initiated by civil Complaint filed on July
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16, 2012. (Doc. 1.) On December 2, 2013, Plaintiff filed the Third Amended and a request for
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the court to initiate service of process in this action. (Docs. 32, 33.)
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II.
SCREENING OF THE COMPLAINT AND SERVICE OF PROCESS
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Plaintiff requests the court to serve process of the Third Amended Complaint. At this
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stage of the proceedings, Plaintiff’s Third Amended Complaint awaits the court’s requisite
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screening process. The court is required by law to screen complaints brought by prisoners
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seeking relief against a governmental entity or officer or employee of a governmental entity,
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such as the instant action brought pursuant to 42 U.S.C. ' 1983. 28 U.S.C. ' 1915A(a). The
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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are
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legally Afrivolous or malicious,@ that fail to state a claim upon which relief may be granted, or
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that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.
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' 1915A(b)(1),(2).
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With respect to service, the court will, sua sponte, direct the United States Marshal to
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serve the complaint only after the court has screened the complaint and determined that it
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contains cognizable claims for relief against the named defendants. Service of process shall not
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be initiated until the court has screened the complaint and finds that Plaintiff states cognizable
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claims. Therefore, Plaintiff’s request for immediate service of process shall be denied.
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III.
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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that
Plaintiff’s
request
for
immediate service of process in this action, filed on December 2, 2013, is DENIED.
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IT IS SO ORDERED.
Dated:
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December 11, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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