Wahl v. Sutton
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PETER GERARD WAHL,
Case No. 1:16-cv-01576-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR SERVICE AND ISSUANCE OF
(ECF No. 17)
Plaintiff Peter Gerard Wahl (“Plaintiff”) is proceeding pro se and in forma pauperis in this
civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on October 19, 2016.
(ECF No. 1.) A first amended complaint was filed on February 16, 2017, and has not yet been
screened. (ECF No. 15.)
On April 28, 2017, Plaintiff filed a letter to the Court requesting that the Court issue USM
285 forms for completion of service of process and requesting that this action be expedited. The
Court construes Plaintiff’s letter as a motion for service and issuance of summons.
With respect to Plaintiff’s request for the issuance of service documents, Plaintiff is
advised that the Court is required to screen complaints brought by prisoners seeking relief against
a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).
The Court will direct service of process only after Plaintiff’s complaint has been screened and
found to state cognizable claims for relief. Once the complaint is screened and found to have
stated a cognizable claim against any defendant, a copy of the complaint will be sent to Plaintiff
with service documents.
The Court screens complaints in the order in which they are filed and strives to avoid
delays whenever possible. However, there are hundreds of prisoner civil rights cases presently
pending before the Court, and delays are inevitable. Plaintiff’s complaint will be screened in due
Plaintiff also seeks advice regarding access to PACER (Public Access to Court Electronic
Records). (ECF No. 17.) With respect to PACER access, Plaintiff is directed to the Court’s
Local Rules. Local Rule 135(g)(3) states in relevant part that “[t]o register for PACER, a user
must complete the online form or submit a registration form, available on the PACER website
Accordingly, Plaintiff’s motion for service and issuance of summons (ECF No. 17) is
HEREBY DENIED without prejudice, as premature.
IT IS SO ORDERED.
May 5, 2017
UNITED STATES MAGISTRATE JUDGE
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