Williams v. King

Filing 10

ORDER DENYING 9 Motion for Service, signed by Magistrate Judge Michael J. Seng on 8/7/2014. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL B. WILLIAMS, 12 Plaintiff, 13 ORDER DENYING SERVICE MOTION FOR v. 14 CASE No. 1:13-cv-01253-MJS AUDREY KING, (ECF No. 9) 15 Defendant. 16 17 Plaintiff Michael B. Williams, a civil detainee proceeding pro se and in forma 18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 12, 2013. 19 (ECF No. 1.) 20 complaint by the United States Marshal. (ECF No. 9.) On February 18, 2014, Plaintiff filed a motion seeking service of his 21 Plaintiff is entitled to the appointment of the Marshal to serve process on his 22 behalf because he is proceeding in forma pauperis. 28 U.S.C. §1915(d); Fed. R. Civ. P. 23 4(c)(3). However, the Marshal will not be directed by the Court to initiate service of the 24 complaint until the Court has screened Plaintiff’s complaint and determined that it states 25 cognizable claims. 28 U.S.C. § 1915A. Plaintiff is directed to the First Informational 26 Order (ECF No. 2), which sets forth an explanation regarding screening and service of 27 process. 28 For the reasons set forth above, Plaintiff’s motion for service of his complaint 1 1 (ECF No. 9) is HEREBY DENIED as premature. 2 3 4 IT IS SO ORDERED. Dated: August 7, 2014 /s/ 5 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 6 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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