(PS) Howard v. City of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STANLEY HOWARD, No. 2:19-cv-2136 TLN AC Plaintiff, v. ORDER CITY OF SACRAMENTO, Defendant. 16 Plaintiff, who is proceeding in pro se but paid the filing fee, has moved the court to order the U.S. Marshal Service to effect service of process in his case. ECF No. 4. This matter is before the undersigned pursuant to Local Rule 302(c)(21). Plaintiff asserts that he is entitled to the “seaman’s exemption” pursuant to 28 U.S.C. § 1916. ECF No. 4 at 1. The undersigned finds that plaintiff does not qualify under § 1916, and service by the Marshals will not be ordered. Federal Rule of Civil Procedure 4 states that “[a]t the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. §…