Wahl v. Sutton
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PETER GERARD WAHL,
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Plaintiff,
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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.
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Plaintiff Peter Gerard Wahl (“Plaintiff”) is proceeding pro se and in forma pauperis in this
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civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on October 19, 2016.
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(ECF No. 1.) A first amended complaint was filed on February 16, 2017, and has not yet been
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screened. (ECF No. 15.)
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On April 28, 2017, Plaintiff filed a letter to the Court requesting that the Court issue USM
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285 forms for completion of service of process and requesting that this action be expedited. The
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Court construes Plaintiff’s letter as a motion for service and issuance of summons.
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With respect to Plaintiff’s request for the issuance of service documents, Plaintiff is
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advised that the Court is required to screen complaints brought by prisoners seeking relief against
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a 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.
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The Court screens complaints in the order in which they are filed and strives to avoid
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delays whenever possible. However, there are hundreds of prisoner civil rights cases presently
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pending before the Court, and delays are inevitable. Plaintiff’s complaint will be screened in due
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course.
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Plaintiff also seeks advice regarding access to PACER (Public Access to Court Electronic
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Records). (ECF No. 17.) With respect to PACER access, Plaintiff is directed to the Court’s
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Local Rules. Local Rule 135(g)(3) states in relevant part that “[t]o register for PACER, a user
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must complete the online form or submit a registration form, available on the PACER website
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(http://pacer.psc.uscourts.gov).”
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Accordingly, Plaintiff’s motion for service and issuance of summons (ECF No. 17) is
HEREBY DENIED without prejudice, as premature.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
May 5, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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