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Magee v. Grannis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 8, 2009

RUCHELL CINQUE MAGEE, PLAINTIFF,
v.
N. GRANNIS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SERVICE OF THE COMPLAINT (Doc. 6)

Plaintiff Ruchell Cinque Magee, a state prisoner proceeding pro se, filed this civil rights action on May 29, 2009. On July 13, 2009, Plaintiff filed a motion seeking service of the complaint by the United States Marshal.

Service of process will be appropriate only after Plaintiff pays the filing fee for this action, 28 U.S.C. § 1915(g), and the Court screens the complaint and finds it states cognizable claims for relief, 28 U.S.C. § 1915A. Therefore, to the extent Plaintiff is seeking service of the complaint at this time, Plaintiff 's motion is DENIED as premature. To the extent Plaintiff is seeking service of the complaint in the event he pays the filing fee and the complaint is found to state a claim, Plaintiff's motion is GRANTED.*fn1 Fed. R. Civ. P. 4(c)(3).

IT IS SO ORDERED.


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