Khan v. City of Pinole Police Department

Background

Plaintiffs David Khan, Nay Zar Tun Kyaw, and AK, who were representing themselves, filed a motion asking the court to issue summonses and order service on defendants they had not yet served. The plaintiffs said they had difficulty serving certain defendants.

The court had granted the plaintiffs permission to proceed without paying filing fees, which gave it authority to order the United States Marshals Service to serve the complaint. But the court also had to conduct an initial screening to determine whether the complaint stated a legally valid claim. Magistrate Judge Thomas S. Hixson had granted the plaintiffs’ application but reserved screening until they could receive assistance from the Federal Pro Bono Project, and he stayed the case. The stay was later modified, and the case was reassigned.

Before the court screened the operative complaint, defendants who had accepted service filed several motions to dismiss. Those motions were still being briefed.

Ruling

Because the complaint had not yet been screened, the court held that it could not then order service on the remaining defendants. Judge Yvonne Gonzalez Rogers therefore denied without prejudice the motion to issue summonses. The court stated that it intended to screen the complaint while addressing the defendants’ motions to dismiss. If it determined that the plaintiffs had stated a legally valid claim, it would extend the service deadline and order the Marshals Service to serve the remaining defendants. The order terminated the motion at Docket Number 31.