Zemaitiene v. Salt Lake County et al

Filing 12

MEMORANDUM DECISION denying 4 Motion for Service of Process. The court will screen Plaintiffs complaint and determine whether it should be served on the named defendants. It is unnecessary for Plaintiff to take any action to trigger that process. Signed by Magistrate Judge Paul M. Warner on 3/27/17. (dla)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

KRISTINA ZEMAITIENE,
Plaintiff,

MEMORANDUM DECISION

v.
Case No. 2:17-cv-00007-DAK-PMW
SALT LAKE COUNTY, et al.,
Defendants.

District Judge Dale A. Kimball
Chief Magistrate Judge Paul M. Warner

District Judge Dale A. Kimball referred this case to Magistrate Judge Paul M. Warner
pursuant to 28 U.S.C. § 636(b)(1)(B). 1 The court permitted Plaintiff Kristina Zemaitiene
(“Plaintiff”) to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915. 2 Before the court is
Plaintiff’s motion for service of process on Defendants Salt Lake County, Taylorsville City,
Tracy Wyant, the Unified Police Department of Greater Salt Lake, Joel Knighton, and Denise
Lovendahl

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When a case is proceeding under the IFP statute, officers of the court are required to issue
and serve all process and perform all duties related to service of process. 28 U.S.C. § 1915(d).
At the same time, the IFP statute requires the court to screen the complaint in such a case to
determine whether it should be served upon the named defendants or dismissed. 28 U.S.C.
§ 1915(e)(2)(B). In this case, the court has not yet completed that screening process and,
consequently, has not yet made a determination about whether Plaintiff’s complaint should
indeed be served on the named defendants. For that reason, Plaintiff’s motion for service of

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Dkt. No. 11.
Dkt. No. 2.
3
Dkt. No. 4.
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process is unnecessary and is DENIED at this time. As indicated above, the court will screen
Plaintiff’s complaint and determine whether it should be served on the named defendants. It is
unnecessary for Plaintiff to take any action to trigger that process.
IT IS SO ORDERED.
DATED this 27th Day of March, 2017.
BY THE COURT:

PAUL M. WARNER
Chief United States Magistrate Judge

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