Christopher Lipsey, Jr. v. Depovic et al

Filing 36

ORDER DENYING Plaintiff's 22 Motion Requesting Service signed by Magistrate Judge Jeremy D. Peterson on 05/22/2020. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER LIPSEY, JR, 12 13 14 15 Plaintiff, Case No. 1:18-cv-00767-NONE-JDP ORDER DENYING PLAINTIFF’S MOTION REQUESTING SERVICE v. ECF No. 22 DR. DEPOVIC, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought 18 under 42 U.S.C. § 1983. Plaintiff moves to have certain claims served in this case that were 19 dismissed at screening. See ECF No. 22. Plaintiff’s motion recites some of the procedural 20 history of the case and states that he “now request[s that] the court issue him the service forms 21 immediately.” ECF No. 22. In prisoner cases like this one, service is only appropriate for claims 22 that have survived screening. See 28 U.S.C. § 1915A. Plaintiff provides no basis for service of 23 claims that have been dismissed, and the court finds none. See Fed. R. Civ. P. 7(b)(1)(B). 24 Plaintiff’s motion requesting service, ECF No. 22, is denied. 25 26 27 28 1 1 2 IT IS SO ORDERED. 3 Dated: 4 May 22, 2020 UNITED STATES MAGISTRATE JUDGE 5 6 No. 204. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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