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Donovan L. Haley v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 7, 2013

DONOVAN L. HALEY,
PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTION TO INITIATE SERVICE (Doc. 7.)

Donovan L. Haley ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on February 13, 2013. (Doc. 1.) On March 4, 2013, Plaintiff filed a motion for the Court to issue an order initiating service in this action by the United States Marshal. (Doc. 7.)

The court is required by law to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity, such as the instant action brought pursuant to 42 U.S.C. § 1983. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

With respect to service, the court will, sua sponte, direct the United States Marshal to serve the complaint only after the Court has screened the complaint and determined that it contains cognizable claims for relief against the named defendants. Plaintiff's Complaint awaits screening by the Court, and service shall not proceed until after the Court's screening process is completed. Thus, it is not time for service by the United States Marshal in this action.

Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motion for the Court to initiate service by the United States Marshal, filed on March 4, 2013, is DENIED.

IT IS SO ORDERED.

20130307

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