Stephenson v. Martel et al

Filing 6

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/2/10 ORDERING that within 14 days of the date of this order, plaintiff shall either file an informa pauperis affidavit or a short declaration stating his intention to serve the complaint himself; Clerk of the Court is directed to send plaintiff an application to proceed in forma pauperis for a prisoner.(Dillon, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. M. MARTEL, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff has paid the filing fee. The complaint states a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. For service of the complaint, plaintiff may attempt service himself, which may be difficult because he is incarcerated. In the alternative, plaintiff may file an application to proceed in forma pauperis. If this request is granted, the court will deem the filing fee paid and order the U.S. Marshal to serve defendants with process. ///// ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT E. STEPHENSON, Plaintiff, No. CIV S-10-238 GGH P 1 2 3 4 5 6 7 8 9 Accordingly, IT IS HEREBY ORDERED that: 1. Within fourteen days of the date of this order, plaintiff shall either file an in forma pauperis affidavit or a short declaration stating his intention to serve the complaint himself; following receipt of either the application or declaration, the court will issue further orders; 2. The Clerk of the Court is directed to send plaintiff an application to proceed in forma pauperis for a prisoner. DATED: March 2, 2010 /s/ Gregory G. Hollows 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 steph238.1

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