Young v. Biter et al

Filing 16

ORDER denying 3 MOTION FOR SERVICE OF PROCESS AND COPYING signed by Magistrate Judge Barbara A. McAuliffe on 3/4/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOWARD ALLEN YOUNG,

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Plaintiff,

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v.
M. D. BITER, et al.,

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Defendants.

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Case No.: 1:14-cv-01942-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
SERVICE OF PROCESS AND COPYING
(ECF No. 3)

Plaintiff Howard Allen Young (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on December 5, 2014.

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Plaintiff has consented to the jurisdiction of the United States Magistrate Judge. (ECF No. 6.)

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In conjunction with his complaint, on December 5, 2014, Plaintiff filed a motion requesting

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service of process by the United States Marshal Service. Plaintiff also requests that the Court provide

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the necessary copies needed for a service on the defendants, along with a copy for Plaintiff. (ECF No.

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3.)

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Plaintiff’s motion shall be denied. With regard to service of process, Plaintiff’s request is

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

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governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. §

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1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or
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malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief

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from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C. §

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1915(e)(2)(B)(ii). (“Notwithstanding any filing fee, or any portion thereof, that may have been paid,

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the court shall dismiss the case at any time if the court determines that ... the action or appeal ... fails to

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state a claim upon which relief may be granted.”) The complaint has not been screened, ordered

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served, no defendants have appeared and discovery has not been opened. Plaintiff’s complaint will be

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screened in due course.

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With regard to Plaintiff’s request for copying, Plaintiff is advised that the Clerk’s Office
generally will provide copies for Plaintiff at a cost of $0.50 per page. Plaintiff is advised that it is his

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responsibility to maintain copies of all documents submitted to the Court for filing. If the Court

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determines that service of the complaint is appropriate following screening, Plaintiff will be instructed

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regarding the necessary copies for service.

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For the reasons stated, Plaintiff’s motion for service of process and copying is HEREBY

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DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

March 4, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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