Williams v. Just et al

Filing 16

ORDER signed by Magistrate Judge Dennis M. Cota on 11/13/2018 DENYING 14 Plaintiff's Renewed Request for Service of Process by US Marshal. (Henshaw, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LANCE WILLIAMS, 12 No. 2:18-CV-0740-DMC-P Plaintiff, 13 v. 14 D. JUST, et al., 15 ORDER Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. Pending before the court is plaintiff’s renewed request for an order directing 19 service of process by the United States Marshal (Doc. 14). As explained in the court’s prior orders (Docs. 9 and 12), the court cannot direct 20 21 service by the United States Marshal because plaintiff has neither sought nor been granted in 22 forma pauperis status, which would permit service of process by the United States Marshal 23 without payments of the costs therefor.1 For this reason, plaintiff’s renewed request for service 24 by the United States Marshal will be denied and plaintiff is required to effect service of process. 25 Plaintiff is cautioned that failure to effect service of process within the time provided in the 26 court’s November 2, 2018, order may result in dismissal of the entire action. See Local Rule 110. 27 Rather than seeking leave to proceed in forma pauperis, plaintiff paid the filing fees in full on July 2, 2018. 1 1 28 1 2 Accordingly, IT IS HEREBY ORDERED that plaintiff’s renewed request for service of process by the United States Marshal (Doc. 14) is denied. 3 4 5 Dated: November 13, 2018 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 6 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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