Khan
Khan v. City of Pinole Police Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 DAVID KHAN, ET. AL., CASE NO. 19-cv-06316-YGR
Plaintiffs,
ORDER DENYING WITHOUT PREJUDICE
vs. MOTION TO ISSUE SUMMONS
CITY OF PINOLE POLICE DEPARTMENT, ET. Re: Dkt. No.
AL.,
8 Defendants. 9 On January 2, 2020, pro se plaintiffs David Kahn, Nay Zar Tun Kyaw, and AK filed a 10 motion captioned “Motion to issue summon.” (Dkt. No. 31.) In the filing, plaintiffs state that they 11 have had difficulty serving certain defendants in this matter, and request that the Court order 12 service on these defendants. (Id. at 2-3.) 13 If a plaintiff has been granted leave to proceed in forma pauperis, the Court has the 14 authority to order the United States Marshals Service to serve the complaint. However, the Court 15 must also conduct an initial review of the complaint to determine whether it states a cognizable 16 claim. See Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc) (“[S]ection 1915(e) not 17 only permits but requires a district court to dismiss an in forma pauperis complaint that…