Hall v. Placer County Sheriff Department et al
Filing
3
ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Edmund F. Brennan on 5/13/10. The Clerk is directed to issue forthwith all process pursuant to FRCP 4. The Clerk shall send pltf three USM-285 forms, one summons, a copy of the comp laint, this court's scheduling order, and related documents. Pltf shall supply the USM, within 14 days from the date of this order is filed, all info needed by the USM to effect service of process, and within 14 days thereafter, pltf shall file a statement with the court that saids documents have been submitted to the USM. The USM shall serve process within 90 days of receipt of the required info from pltf, without prepayment of costs. The USM shall, within 14 days thereafter, file a statement with the court that said documents have been served. The Clerk shall serve a copy of this order on the USM. (Kastilahn, A)
<![CDATA[
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. PLACER COUNTY SHERIFF'S DEPARTMENT; OFFICER ZENDER, BADGE NO. 177, Defendants. / ORDER JAMA A. HALL, Plaintiff, No. CIV S-10-1152 JAM EFB PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
This case, in which plaintiff is proceeding in propria persona, was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule 72-302(c)(21). Plaintiff requests authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis, and has submitted the affidavit required thereunder which demonstrates that plaintiff is unable to prepay fees and costs or give security thereof. Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss a case filed pursuant to the in forma pauperis statute if, at any time, it determines that the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant. The court cannot make this 1
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
determination on the present record. Therefore, the court reserves decision on these issues until the record is sufficiently developed. Accordingly, good cause appearing, IT IS HEREBY ORDERED that: 1. Plaintiff's request to proceed in forma pauperis is granted. 2. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal Rule of Civil Procedure 4. 3. The Clerk of Court shall send plaintiff three USM-285 forms, one summons, a copy of the complaint, this court's scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes and the court's voluntary dispute resolution program. 4. Plaintiff is advised that the U.S. Marshal will require: a. One completed summons; b. One completed USM-285 form for each defendant; c. A copy of the complaint for each defendant, with an extra copy for the U.S. Marshal; and, d. A copy of this court's scheduling order and related documents for each defendant. 5. Plaintiff shall supply the United States Marshal, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall, within 14 days thereafter, file a statement with the court that said documents have been submitted to the United States Marshal. 6. The U.S. Marshal shall serve process, with copies of this court's scheduling order and related documents, within 90 days of receipt of the required information from plaintiff, without prepayment of costs. The United States Marshal shall, within 14 days thereafter, file a statement with the court that said documents have been served. If the U.S. Marshal is unable, for any reason, to effect service of process on any defendant, the Marshal shall promptly report that fact, 2
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
and the reasons for it, to the undersigned. 7. The Clerk of Court shall serve a copy of this order on the United States Marshal, 501 "I" Street, Sacramento, CA 95814 (tel. 916-930-2030). DATED: May 13, 2010.
3
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
