(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CORY JAMES WHITE,

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Plaintiff,

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1:20-cv-00892-NONE-GSA-PC
ORDER DENYING REQUEST FOR
INITIATION OF SERVICE
(ECF No. 10.)

vs.
KRANTZ, et al.,

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Defendants.

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I.

BACKGROUND

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Cory James White (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on June 29, 2020. (ECF No. 1.)

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On November 10, 2020, Plaintiff filed a request for the court to initiate service of process

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upon the defendants in this case. (ECF No. 10.) Plaintiff requests the court to serve a copy of

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the Complaint on each defendant.

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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, initiate service of the Complaint only

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after the court has screened the Complaint and determined that it contains cognizable claims for

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relief against the named defendants.
Here, Plaintiff’s Complaint awaits the court’s screening and therefore it is not time for

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service. Therefore, Plaintiff’s request shall be denied.

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III.

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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.

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IT IS SO ORDERED.
Dated:

November 18, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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