Foley v. Arostegui et al

Filing 12

ORDER denying 9 without prejudice, Plaintiff's Motion for order to have U.S. Marshal serve summons and amended complaint upon defendants. Plaintiff may renew this motion in the event that the Court finds that Plaintiff has stated a cognizable claim when it screens the Amended Complaint. Signed by Magistrate Judge Nancy J. Koppe on 7/8/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL FOLEY,

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Plaintiff,

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vs.

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LOREA AROSTEGUI, et al.,

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Defendants.

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Case No. 2:14-cv-00094-APG-NJK
ORDER
(Docket No. 9)

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Plaintiff asks the Court to issue an order directing the U.S. Marshal to serve summons and

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Plaintiff’s Amended Complaint upon the defendants named herein. Docket No. 9. The Court has not

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yet determined that Plaintiff has stated a claim upon which relief can be granted. Plaintiff’s pending

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request for an order directing the U.S. Marshal to serve summons and Plaintiff’s Amended Complaint

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is therefore not ripe. Plaintiff’s instant motion is DENIED without prejudice to Plaintiff renewing this

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motion in the event that the Court finds that Plaintiff has stated a cognizable claim when it screens the

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Amended Complaint.

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IT IS SO ORDERED.

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DATED: July 8, 2014.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge