Magee v. Grannis

Full title: RUCHELL CINQUE MAGEE, Plaintiff, v. N. GRANNIS, et al., Defendants

Court: United States District Court, E.D. California

Date published: Sep 8, 2009

CASE NO. 1:09-cv-01076-SMS PC (E.D. Cal. Sep. 8, 2009)

Opinion

CASE NO. 1:09-cv-01076-SMS PC.

September 8, 2009

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

SANDRA SNYDER, Magistrate Judge

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.¹ Fed.R.Civ.P. 4(c)(3).

1 Because Plaintiff may not proceed in forma pauperis in this action, 28 U.S.C. § 1915(g), he is not entitled to service by the Marshal, Fed.R.Civ.P. 4(c)(3). However, the Court may, upon motion, appoint the Marshal for service. Fed.R.Civ.P. 4(c)(3)

IT IS SO ORDERED.