Haga v. Mims et al

Filing 10

ORDER Denying Plaintiff's Motion to Serve Complaint 7 ; ORDER Denying Plaintiff's Motion for Protective Order 9 , signed by Magistrate Judge Dennis L. Beck on 3/1/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL HAGA,

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Case No. 1:16-cv-00068 DAD DLB PC
ORDER DENYING PLAINTIFF’S MOTION
TO SERVE COMPLAINT
[ECF No. 7]

Plaintiff,
v.

ORDER DENYING PLAINTIFF’S MOTION
FOR PROTECTIVE ORDER
[ECF No. 9]

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SHERIFF MARGARET MIMS, et al.,
Defendants.

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Plaintiff is a California state prisoner proceeding pro se and in forma pauperis in this civil
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action pursuant to 42 U.S.C. § 1983.
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On January 15, 2016, Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983.
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The complaint is currently pending screening by the Court. On February 25, 2016, Plaintiff filed
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the instant motion to serve the complaint. Plaintiff is advised that the complaint must first be
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screened before Defendants may be served. 28 U.S.C. § 1915A(a). Once the complaint is
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screened, and if the Court determines that service of the complaint on Defendants is warranted,
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Plaintiff will be given the proper forms and instructions for completion of service.
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The Court is aware that the instant complaint is pending. Plaintiff is informed that the
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Court acts to resolve all pending cases in the most efficient manner possible. The Court’s docket

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of pending cases is substantial and the Court must act first on those matters that have been
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1 pending the longest.
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Also on February 25, 2016, Plaintiff filed a motion for a protective order. He states his

3 legal mail is being opened outside of his presence. Plaintiff presents no legal basis in support of
4 the relief sought and it is not otherwise appropriate. The Court cannot issue the order Plaintiff
5 seeks since the Court does not have jurisdiction over mail handling officials at Avenal State
6 Prison. E.g., Summers v. Earth Island Institute, 555 U.S. 488, 493, 129 S.Ct. 1142, 1149 (2009);
7 Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010).
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Accordingly, Plaintiff’s motions to serve the complaint and for a protective order are

9 DENIED.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 1, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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