Carter v. California Health Care Services et al

Filing 24

ORDER Denying 23 Request for Initiation of Service signed by Magistrate Judge Gary S. Austin on 07/29/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEITH REAGAN CARTER,

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Plaintiff,

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v.

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1:17-cv-01374-GSA-PC
ORDER DENYING REQUEST FOR
INITIATION OF SERVICE
(ECF No. 23.)

CALIFORNIA HEALTH CARE
SERVICES, et al.,

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I.

BACKGROUND

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Keith Reagan Carter (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On October 12, 2017, Plaintiff

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filed the Complaint commencing this action. (ECF No. 1.) On July 24, 2018, the court screened

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the Complaint pursuant to 28 U.S.C. § 1915A and issued an order dismissing the Complaint for

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failure to state a claim, with leave to amend. (ECF No. 15.) On August 1, 2018, Plaintiff filed

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the First Amended Complaint. (ECF No. 15.)

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On April 15, 2019, Plaintiff filed a motion for leave to file a supplemental complaint.

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(ECF No. 18.) On April 22, 2019, the court denied Plaintiff’s motion but granted Plaintiff leave

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to file a Second Amended Complaint to present all of his allegations and claims in a single

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pleading. (ECF No. 19.) On May 3, 2019, Plaintiff filed the Second Amended Complaint, which

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awaits the court’s requisite screening under 28 U.S.C. § 1915A. (ECF No. 20.)
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On July 1, 2019, Plaintiff filed a request for “Marshal Service Forms and would also like

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to obtain a docket scheduling.” (ECF No. 23.) The court construes Plaintiff’s request as a request

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for the court to initiate service of process upon the defendants in this case.

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II.

SCREENING AND SERVICE OF PROCESS

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The court is required by law to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity, such as the instant

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action brought pursuant to 42 U.S.C. ' 1983. 28 U.S.C. § 1915A(a). The court must dismiss a

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complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or

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malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary

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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

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With respect to service, the court will, sua sponte, direct the U.S. Marshal to serve the

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complaint only after the court has screened the complaint and determined that it contains

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cognizable claims for relief against the named defendants.
Here, Plaintiff’s Second Amended Complaint awaits the court’s screening. Therefore, it

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is not time for service in this case, thus Plaintiff’s request shall be denied.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff=s request for initiation of service of process, filed on July 1, 2019, is
DENIED; and

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The court shall screen the Second Amended Complaint in due course.

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IT IS SO ORDERED.
Dated:

July 29, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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