Cienfuegos v. Gipson et al

Filing 17

ORDER DENYING 16 Plaintiff's Motion to Proceed In Forma Pauperis Without Prejudice signed by Magistrate Judge Dennis L. Beck on 11/13/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LEO CIENFUEGOS,
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Plaintiff,
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v.

Case No. 1:14-cv-00215 AWI DLB PC
ORDER DENYING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS
WITHOUT PREJUDICE

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GIPSON, et al.,

(Document 16)

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Defendants.
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Plaintiff Leo Cienfuegos (“Plaintiff”) is a California state prisoner proceeding pro se in this
action pursuant to 42 U.S.C. § 1983.1 Plaintiff filed his complaint on February 18, 2014.

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On October 29, 2014, the Court denied Plaintiff’s motion for reconsideration of the screening
order. The Court granted Plaintiff an extension of time to file an amended complaint, and explained
that if he did not submit an amended complaint, his First Amended Complaint would be screened in
due course.

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On November 6, 2014, Plaintiff filed a motion to proceed in forma pauperis so that he can
serve Defendants. While an inmate may move to proceed in forma pauperis for purposes of service,
Plaintiff’s motion is premature. At this time, the Court has not screened Plaintiff’s amended
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Plaintiff paid the filing fee and is not proceeding in forma pauperis.

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complaint. Until such time as the Court finds a cognizable claim, discussions relating to service of

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Defendants are premature.

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Therefore, Plaintiff’s motion is DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

November 13, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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