Freeman v. St. Clair, et al.

Filing 9

ORDER DENYING 7 Plaintiff's Motion for Service signed by Magistrate Judge Barbara A. McAuliffe on 11/27/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY FREEMAN,

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Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR SERVICE

v.

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Case No. 1:18-cv-00621-AWI-BAM (PC)

ST. CLAIR, et al.,

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(ECF No. 7)
Defendants.

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Plaintiff Larry Freeman (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is

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Plaintiff’s motion requesting a notice of service of the complaint, which the Court construes as a

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motion for service of the complaint. (ECF No. 7.)

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Plaintiff is advised that the Court is required to screen complaints brought by prisoners

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seeking relief against a governmental entity or officer or employee of a governmental entity. 28

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U.S.C. § 1915A(a). The Court will direct service of process only after Plaintiff’s complaint has

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

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found to have stated a cognizable claim against any defendant, a copy of the complaint will be

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sent to Plaintiff with service documents to be completed.

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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
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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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Accordingly, Plaintiff’s motion for service, (ECF No. 7), is HEREBY DENIED without
prejudice, as premature.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 27, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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