Byerley v. Beard et al

Filing 10

ORDER DENYING 8 and 9 Motion for Service as Premature, signed by Magistrate Judge Dennis L. Beck on 8/11/14. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA LEE BYERLEY

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Plaintiff,
v.

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Case No. 1:14-cv-00150-DLB PC
ORDER DENYING PLAINTIFF’S
REQUESTS FOR SERVICE AS
PREMATURE

JEFFREY BEARD, et al.,
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(ECF Nos. 8 & 9)
Defendants.

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Plaintiff Joshua Lee Byerley (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff filed this action on February 5, 2014. On March 19,
2014 and May 12, 2014, Plaintiff filed motions requesting service of process on the defendants.

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(ECF Nos. 8 & 9.)
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Because Plaintiff is proceeding in forma pauperis, he is entitled to have process served on his

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behalf by the United States Marshal. 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). However, as set

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forth in the Court’s First Informational Order, the Marshal will be directed to initiate service of

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process only after Plaintiff’s complaint has been screened and found to state cognizable claims for

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relief. 28 U.S.C. § 1915A; First Informational Order, ¶12, ECF No. 3. Therefore, Plaintiff’s

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motion for service shall be denied as premature.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motions for service, filed March 19,
2014 and May 5, 1014, are DENIED as premature.

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IT IS SO ORDERED.
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Dated:

/s/ Dennis

August 11, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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