Hernandez v. Hernandez et al

Filing 9

ORDER DENYING Plaintiff's 8 Motion for Service signed by Magistrate Judge Michael J. Seng on 11/20/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FEDERICO HERNANDEZ,

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ORDER DENYING PLAINTIFF’S
MOTION FOR SERVICE

Plaintiff,

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Case No. 1:13-cv-01625-MJS

v.
ECF No. 8
M. HERNANDEZ, et al.,

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Defendants.

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Plaintiff Federico Hernandez (“Plaintiff”), a California state prisoner, filed this civil

18 rights action pursuant to 42 U.S.C. § 1983 on October 9, 2013. Plaintiff has consented
19 to Magistrate Judge jurisdiction. (ECF No. 7.)
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On November 15, 2013, Plaintiff filed a motion seeking service of his complaint

21 by the United States Marshal. Plaintiff is entitled to the appointment of the Marshal to
22 serve process on his behalf because he is proceeding in forma pauperis. 28 U.S.C.
23 §1915(d); Fed. R. Civ. P. 4(c)(3). However, the Marshal will not be directed by the
24 Court to initiate service of the complaint until the Court has screened Plaintiff’s
25 complaint and determined that it states cognizable claims. 28 U.S.C. § 1915A. Plaintiff
26 is directed to review Section III, Paragraph B of the First Information Order, which sets
27 forth an explanation regarding screening and service of process. (ECF No. 4.)
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For the reasons set forth above, Plaintiff’s motion for service of his Complaint is

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2 HEREBY DENIED as premature.
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IT IS SO ORDERED.

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Dated:

November 20, 2013

/s/

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UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

ci4d6

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