Wahl v. Sutton

Filing 18

ORDER DENYING Plaintiff's 17 Motion for Service and Issuance of Summons signed by Magistrate Judge Barbara A. McAuliffe on 5/5/2017. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PETER GERARD WAHL,

12

Plaintiff,

13
14
15

v.
SUTTON,

Case No. 1:16-cv-01576-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR SERVICE AND ISSUANCE OF
SUMMONS
(ECF No. 17)

Defendant.

16
17

Plaintiff Peter Gerard Wahl (“Plaintiff”) is proceeding pro se and in forma pauperis in this

18

civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on October 19, 2016.

19

(ECF No. 1.) A first amended complaint was filed on February 16, 2017, and has not yet been

20

screened. (ECF No. 15.)

21

On April 28, 2017, Plaintiff filed a letter to the Court requesting that the Court issue USM

22

285 forms for completion of service of process and requesting that this action be expedited. The

23

Court construes Plaintiff’s letter as a motion for service and issuance of summons.

24

With respect to Plaintiff’s request for the issuance of service documents, Plaintiff is

25

advised that the Court is required to screen complaints brought by prisoners seeking relief against

26

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

27

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

28

found to state cognizable claims for relief. Once the complaint is screened and found to have
1

1

stated a cognizable claim against any defendant, a copy of the complaint will be sent to Plaintiff

2

with service documents.

3

The Court screens complaints in the order in which they are filed and strives to avoid

4

delays whenever possible. However, there are hundreds of prisoner civil rights cases presently

5

pending before the Court, and delays are inevitable. Plaintiff’s complaint will be screened in due

6

course.

7

Plaintiff also seeks advice regarding access to PACER (Public Access to Court Electronic

8

Records). (ECF No. 17.) With respect to PACER access, Plaintiff is directed to the Court’s

9

Local Rules. Local Rule 135(g)(3) states in relevant part that “[t]o register for PACER, a user

10

must complete the online form or submit a registration form, available on the PACER website

11

(http://pacer.psc.uscourts.gov).”

12
13

Accordingly, Plaintiff’s motion for service and issuance of summons (ECF No. 17) is
HEREBY DENIED without prejudice, as premature.

14
15
16

IT IS SO ORDERED.
Dated:

/s/ Barbara

May 5, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2