King v. King, et al.

Filing 8

ORDER DENYING 7 Plaintiff's Motion for Waiver of Fees and Costs of Service of Process by the United States Marshal signed by Magistrate Judge Stanley A. Boone on 2/11/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM KING,

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Plaintiff,

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v.
ANDREY KING, et al.,

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Defendants.

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Case No.: 1:4-cv-02041-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST FOR
WAIVER OF FEES AND COSTS OF SERVICE OF
PROCESS BY THE UNITED STATES
MARSHALL
[ECF No. 7]

Plaintiff William King is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions

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Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison

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Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).
On February 10, 2015, Plaintiff filed a request for waiver of fees and costs of service of

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process by the United States marshal. (ECF No. 7.)
Plaintiff is entitled to the appointment of the U.S. marshal to serve process on his behalf

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because he is proceeding in forma pauperis. 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). However,

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the U.S. marshal will not be directed by the Court to initiate service of the complaint until the Court

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has screened Plaintiff’s complaint and determined that it states cognizable claims. 28 U.S.C. § 1915.

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Accordingly, Plaintiff’s motion for waiver of fees and costs of service of process by the U.S.

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marshal is DENIED.

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IT IS SO ORDERED.

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Dated:

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February 11, 2015
UNITED STATES MAGISTRATE JUDGE

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