Fratus v. Klein et al

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 6/13/2017 DENYING as duplicative 17 and 18 Motions for U.S. Marshal to Serve Defendants. Plaintiff to complete and return the application to proceed IFP within 30 days from the date of this order. (Henshaw, R)

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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 JOHN FRATUS, 12 13 14 No. 2:17-cv-0535 KJM KJN P Plaintiff, v. ORDER SGT. KLEIN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se, who paid the filing fee. By order filed May 18 3, 2017, plaintiff was directed to complete service of process on defendants within sixty days. On 19 May 10, 2017, plaintiff filed a motion for the U.S. Marshal to serve defendants, citing Rule 20 4(c)(3) of the Federal Rules of Civil Procedure, and alleges that he is indigent with no income. 21 However, plaintiff did not seek leave to proceed in forma pauperis, which would entitle 22 him to have the U.S. Marshal serve process on defendants. Because plaintiff states that he is 23 indigent with no income, the Clerk of the Court is directed to send plaintiff the application to 24 proceed in forma pauperis. Once plaintiff completes and returns the form, the undersigned will 25 reconsider the May 3, 2017 order if plaintiff can demonstrate he is entitled to proceed in forma 26 pauperis. 27 28 On June 1, 2017, and June 6, 2017, plaintiff renewed his motions to have the U.S. Marshal service process on defendants. (ECF Nos. 17 & 18.) In his last motion, plaintiff claims he has 1 1 repeatedly requested the U.S. Marshal effect service but he “keeps getting ignored.” (ECF No. 18 2 at 2.) Plaintiff is cautioned that he must allow the court sufficient time to address a motion. 3 Filing duplicate motions will not ensure a quicker response from the court, which faces one of the 4 highest prisoner caseloads in the nation. Because these motions are duplicative of the May 19, 5 2017 motion, such motions are denied. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Clerk of the Court is directed to send plaintiff an application to proceed in forma 8 pauperis; 9 10 2. Within thirty days from the date of this order, plaintiff shall complete and return the application to proceed in forma pauperis;1 and 3. Plaintiff’s motions (ECF Nos. 17 & 18) are denied as duplicative. 11 12 Dated: June 13, 2017 13 14 /frat0535.ifp 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff is not required to provide a certified trust account statement. Once plaintiff provides the completed and signed application to proceed in forma pauperis, the CDCR will provide the certified trust account statement directly to the court. 2

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