Carr v. California Department of Corrections & Rehabilitation et al

Filing 8

ORDER Denying 7 Plaintiff's Motion for Service of Documents as Premature, signed by Magistrate Judge Barbara A. McAuliffe on 5/15/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR CARR,

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Plaintiff,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION, et
al.,

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Defendants.
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1:14-cv-02074-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR SERVICE DOCUMENTS AS
PREMATURE
(ECF No. 7)

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Plaintiff Arthur Carr (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on December 29, 2014. On

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February 23, 2015, the Court denied Plaintiff’s application to proceed in forma pauperis and

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directed him to pay the $400.00 filing fee in full. (ECF No. 6.) Plaintiff submitted the filing fee

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in full on March 30, 2015.

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On May 11, 2015, Plaintiff filed the instant motion requesting that the Clerk of the Court

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provide him with summonses and all other documents to effectuate service by the United States

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Marshal. (ECF No. 7.)

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

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

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The Court will direct service of process only after Plaintiff’s complaint has been screened and

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found to state cognizable claims for relief. Once the complaint is screened and found to have
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stated a cognizable claim against any defendant, a copy of the complaint will be sent to Plaintiff

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with service documents. The Court screens complaints in the order in which they are filed and

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strives to avoid delays whenever possible. However, there are hundreds of prisoner civil rights

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cases presently pending before the Court, and delays are inevitable despite the Court’s best

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efforts. Plaintiff’s complaint will be screened in due course.

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For the reasons stated, Plaintiff’s request for summonses and service documents is
HEREBY DENIED as premature.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 15, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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