Forte v. Merced County, et al.

Filing 3

ORDER granting 2 Motion to Proceed IFP and directing Plaintiff to return consent forms signed by Magistrate Judge Barbara A. McAuliffe on 2/3/2015. (Filing Deadline: 2/19/2015).(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EUGENE FORTE,
Plaintiff,

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CASE NO. 1:15-cv-0147---BAM
ORDER GRANTING MOTION TO
PROCEED WITHOUT PREPAYMENT OF
FEES OR COSTS
(Doc. 2).

v.
MERCED COUNTY, et al.,
Defendants.

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ORDER DIRECTING PLAINTIFF TO
RETURN CONSENT FORMS
/

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Plaintiff is proceeding pro se and has requested leave to proceed in forma pauperis pursuant to

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Title 28 of the United States Code section 1915(a). Plaintiff has made the showing required by section

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1915(a), and accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. §

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1915(a).

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Plaintiff is advised that the Court is required to screen complaints of pro se litigants pursuant to

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Title 28 of the United States Code section 1915. The Court must dismiss a complaint or portion

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thereof if the litigant has raised claims that are legally “frivolous or malicious,” that fail to state a

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claim upon which relief may be granted, or that seek monetary relief from a defendant(s) who is

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immune from such relief. 28 U.S.C. § 1915(e). As a result, summonses will not issue at this time.

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The Court will direct the United States Marshal to serve Plaintiff’s complaint only after the Court has

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screened the complaint and determined that it contains cognizable claims for relief against the named

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defendants.

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Plaintiff is further advised that the Eastern District of California has, by far, the highest

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weighted caseload per judge in the entire country and there are presently a large number of cases

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awaiting preliminary screening. The Court screens complaints in the order in which they are filed and
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strives to avoid delays whenever possible. However, due to the vast caseload of the Court, and the

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Court’s diligent handling of each individual case, rulings and decisions often take time despite the

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Court’s best efforts. Accordingly, Plaintiff’s case will be screened in due course and appropriate

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orders will issue whenever possible.

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Finally, the Clerk of the Court is directed to mail a “Consent to Magistrate Jurisdiction Form”

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to Plaintiff. Plaintiff shall complete the form and advise the Court whether or not he will consent to

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Magistrate Judge jurisdiction no later than February 19, 2015.

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Failure to complete the form may result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 3, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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