Opinion
2:10-cv-00153-JCM-LRL.
September 20, 2010
ORDER
Before the court is plaintiff's Motion for Relief from Judgment for Clerical Mistakes (#16). Plaintiff asks the court to reconsider the portion of its Order (#15) denying plaintiff's Motion for Court Order to Effect U.S. Marshal Service upon Defendants (#14). Through his Motion (#16), plaintiff asserts that since the defendants did not oppose his Motion (#14), pursuant to LR 7-2(d), the court should have granted it.
In denying that portion of plaintiff's motion (#14) seeking an order requiring the U.S. Marshal to serve summonses and complaints on named defendants, the court explained that service of a summons and complaint at government expense by the U.S. Marshal is afforded only to plaintiffs who have been granted in forma pauperis status by the court upon proof of indigence. S ee 28 U.S.C. § 1915(a). Becasue plaintiff had not been granted in forma pauperis status, the court directed the Clerk of Court to send an Application to Proceed In Forma Pauperis to plaintiff. To date, plaintiff has not filed an Application to Proceed In Forma Pauperis. For that reason the court denied plaintiff's Motion for Court Order to Effect U.S. Marshal Service upon Defendants. Accordingly,
IT IS ORDERED that plaintiff's Motion for Relief from Judgment for Clerical Mistakes (#16) is denied.
DATED this 20th day of September, 2010.