(PC) White v. Krantz et al

Filing 13

ORDER DENYING 10 Motion for Initiation of Service, signed by Magistrate Judge Gary S. Austin on 11/18/2020. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CORY JAMES WHITE, 12 Plaintiff, 13 14 1:20-cv-00892-NONE-GSA-PC ORDER DENYING REQUEST FOR INITIATION OF SERVICE (ECF No. 10.) vs. KRANTZ, et al., 15 Defendants. 16 17 I. BACKGROUND 18 Cory James White (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 19 with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint 20 commencing this action on June 29, 2020. (ECF No. 1.) 21 On November 10, 2020, Plaintiff filed a request for the court to initiate service of process 22 upon the defendants in this case. (ECF No. 10.) Plaintiff requests the court to serve a copy of 23 the Complaint on each defendant. 24 II. SCREENING AND SERVICE OF PROCESS 25 The court is required by law to screen complaints brought by prisoners seeking relief 26 against a governmental entity or officer or employee of a governmental entity, such as the instant 27 action brought pursuant to 42 U.S.C. § 1983. 28 U.S.C. § 1915A(a). The court must dismiss a 28 complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or 1 1 malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary 2 relief from a defendant who is immune from such relief. 28 U.S.C. ' 1915A(b)(1),(2). 3 With respect to service, the court will, sua sponte, initiate service of the Complaint only 4 after the court has screened the Complaint and determined that it contains cognizable claims for 5 relief against the named defendants. Here, Plaintiff’s Complaint awaits the court’s screening and therefore it is not time for 6 7 service. Therefore, Plaintiff’s request shall be denied. 8 III. 9 10 CONCLUSION Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request for initiation of service of process, filed on November 12, 2020, is DENIED. 11 12 13 14 IT IS SO ORDERED. Dated: November 18, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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