Wilds v. Holland et al

Filing 10

ORDER Denying Plaintiff's Motion for Service of Process by United States Marshall 9 , signed by Magistrate Judge Stanley A. Boone on 9/17/13. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS REID WILDS, 12 Plaintiff, 13 14 v. K. HOLLAND, et al., 15 Case No. 1:12-cv-01950-SAB ORDER DENYING PLAINTIFF’S MOTION FOR SERVICE OF PROCESS BY UNITED STATES MARSHALL (ECF No. 9) Defendants. 16 17 Plaintiff Nicholas Reid Wilds is appearing pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. This action was filed on November 30, 2012, and is 19 currently pending screening. Plaintiff was granted in forma pauperis status on December 19, 20 2012. On September 16, 2013, Plaintiff filed a motion for the United States Marshall to serve the 21 complaint. 22 Plaintiff is proceeding in forma pauperis and is entitled to service by the United States 23 Marshall. However, the Court will direct the United States Marshal to serve the complaint only 24 after it has determined that the complaint contains cognizable claims for relief against the named 25 defendants. Until the Court has screened the complaint and found cognizable claims, any request 26 for service by the Marshal is premature and will be denied. 27 /// 28 /// 1 1 2 Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for service of process by the United States Marshal, filed September 16, 2013, is DENIED. 3 4 IT IS SO ORDERED. 5 Dated: 6 September 17, 2013 _ _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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