Zivkovic v. Hood et al, No. 2:2017cv00067 - Document 6 (D. Utah 2017)

Court Description: MEMORANDUM DECISION denying 5 Motion for Service of Process. Signed by Magistrate Judge Paul M. Warner on 2/1/17 (alt)

Download PDF
Zivkovic v. Hood et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION DAVID ZIVKOVIC, Plaintiff, MEMORANDUM DECISION v. KIMBERLY HOOD AND ROBERT JOHNSON, Defendants. Case No. 2:17-cv-00067-DN-PMW District Judge David Nuffer Chief Magistrate Judge Paul M. Warner Chief District Judge David Nuffer referred this case to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(B). 1 The court permitted Plaintiff David Zivkovic (“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 Kimberly Hood and Robert Johnson. 3 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 process is unnecessary and is DENIED at this time. As indicated above, the court will screen 1 Dkt. No. 4. Dkt. No. 2. 3 Dkt. No. 5. 2 Dockets.Justia.com 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 1st Day of February 2017. BY THE COURT: PAUL M. WARNER United States Magistrate Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.