Cantu v. Garcia et al

Filing 32

ORDER Granting 28 Application to Proceed in Forma Pauperis for the Purpose of Service in this Action and Order Denying other Motion as Moot 29 , signed by Magistrate Judge Gerald B. Cohn on 9/2/11. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 JOSHUA J. CANTU, Plaintiff, 15 16 17 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS FOR THE PURPOSE OF SERVICE IN THIS ACTION AND ORDER DENYING OTHER MOTION AS MOOT Defendants. 13 14 (ECF Nos. 28 & 29) v. M. GARCIA, _____________________________/ 18 19 1:09-cv-000177-GBC (PC) ORDER Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has 20 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has 21 made the showing required by § 1915(a). The request to proceed in forma pauperis will be 22 granted only as to service. The granting of Plaintiff's application to proceed in forma 23 pauperis requires that service be made by the United States Marshal. See 28 U.S.C. 24 § 1915; Fed. R. Civ. Pro. 4(c)(3). 25 26 27 Plaintiff has already paid the full filing fee. Thus, it is not necessary for payments to be taken from his trust account. In accordance with the above and good cause appearing therefore, IT IS HEREBY 28 -1- 1 ORDERED that: 2 1. Plaintiff's application to proceed in forma pauperis is GRANTED as to all service in this action; 3 4 2. Service shall be initiated through the United States Marshal; and 5 3. Plaintiff's second application to proceed in forma pauperis is DENIED as MOOT. 6 7 IT IS SO ORDERED. 8 9 Dated: 1j0bbc September 2, 2011 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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