Kinney

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTHONY JOHNSON, Case No.: 20-cv-1354-CAB-MSB

Plaintiff,

ORDER DENYING EX PARTE

v. REQUEST FOR SERVICE OF

SUMMONS BY A U.S. MARSHALL

DAVID KINNEY et al.,

WITHOUT PREJUDICE

Defendants. [Doc. No. 9] 17 On August 13, 2020, Plaintiff filed an ex parte request for service of summons by a U.S. Marshall. Federal Rule of Civil Procedure 4(c)(3) provides that “[a]t the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal . . .” If a court has authorized a plaintiff to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915 or as a seaman pursuant to 28 U.S.C. § 1916, the court must order service by the USMS. See Fed. R. Civ. P. 4(c)(3). Here, however, Plaintiff is not proceeding IFP because he has paid the full filing fee when he initiated the present action, nor is he proceeding as a seaman. …