Osolinski v. Bigot et al

Filing 10

ORDER DENYING 9 Motion for Entry of Default as Premature, signed by Magistrate Judge Stanley A. Boone on 1/9/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID N. OSOLINSKI,

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Plaintiff,

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v.
MARISA BIGO, et al.,

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Defendants.

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ORDER DENYING PLAINTIFF’S MOTION
FOR ENTRY OF DEFAULT AS PREMATURE
[ECF No. 9]

pursuant to 42 U.S.C. § 1983.
This action was filed on December 1, 2014, and is pending screening. On January 8, 2015,

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Case No.: 1:14-cv-01895-AWI-SAB (PC)

Plaintiff David N. Osolinski is appearing pro se and in forma pauperis in this civil rights action

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Plaintiff filed a motion for entry of default. (ECF No. 9.)

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The Court is required to screen complaints brought by prisoners seeking relief against a

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government entity or officer or employee of a government entity. 28 U.S.C. § 1915A(a). This Court

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and its staff takes its role serious in complying with statutes and other obligations under the United

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States Constitution and laws of the United States. As Plaintiff’s case is not the only case under

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consideration by the Court and because cases are screened in the order in which they are filed, absent

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good cause, the Court will screen cases in that order and will continue strive to avoid delays whenever

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possible.

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In this case, the United States Marshal will be directed to initiate service of process on

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Plaintiff’s behalf when the Court has determined that Plaintiff’s complaint states cognizable claims for

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relief and service is appropriate. 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(2). This case has not been

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screened by the Court and service is not yet appropriate.
Accordingly, Plaintiff’s motion for entry of default is HEREBY DENIED as premature.

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IT IS SO ORDERED.

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Dated:

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January 9, 2015
UNITED STATES MAGISTRATE JUDGE

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