Fratus v. Klein et al

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/17 denying 16 Motion for the U.S. Marshal service and granting 20 Motion for Extension of time. Plaintiff is granted 30 days from the date of this order in which to effect service on defendants. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN FRATUS,

12

Plaintiff,

13
14

No. 2:17-cv-0535 KJM KJN P

v.

ORDER

SGT. KLEIN, et al.,

15

Defendants.

16
Plaintiff has filed a motion for extension of time to effect service on defendants. On June

17
18

13, 2017, the court explained that if plaintiff is granted leave to proceed in forma pauperis, the

19

court would grant plaintiff’s May 19, 2017 motion for the U.S. Marshal to serve defendants.

20

(ECF No. 19.) Plaintiff was provided an application to proceed in forma pauperis. In the instant

21

motion, plaintiff confirms that the court asked plaintiff to complete an in forma pauperis

22

application. (ECF No. 20 at 2.) Thus, it appears plaintiff declines to do so, and his May 19

23

request to have the U.S. Marshal serve defendants is dismissed as moot.
Because plaintiff has now mailed waiver of service forms to defendants and has shown

24
25

good cause for an extension of time in which to serve defendants, the court grants his request.

26

However, plaintiff is reminded that he may renew his request to have the U.S. Marshal serve

27

defendants if the request is accompanied by his application to proceed in forma pauperis.

28

////

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Plaintiff’s motion for the U.S. Marshal to serve defendants (ECF No. 16) is denied,

3

without prejudice, as moot.

4

2. Plaintiff’s motion for an extension of time (ECF No. 20) is granted;

5

3. Plaintiff is granted thirty days from the date of this order in which to effect service on

6

defendants.

7

Dated: July 13, 2017

8
9
10
11
12

/kly/cw/frat0535.36

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2