Fitch v. Galland

Filing 3

ORDER Granting Plaintiff's Motion To Proceed In Forma Pauperis (Doc. 2 ), ORDER Directing Clerk To Issue New Case Documents,ORDER Directing Plaintiff To Complete The Service Documents, signed by Magistrate Judge Jennifer L. Thurston on 4/12/2016. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOEY FITCH, 12 13 14 Plaintiff, v. JOSEPH GALLAND, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00489 - DAD - JLT ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 2) ORDER DIRECTING CLERK TO ISSUE NEW CASE DOCUMENTS ORDER DIRECTING PLAINTIFF TO COMPLETE THE SERVICE DOCUMENTS 18 19 Plaintiff Joey Fitch initiated this action by filing a complaint and motion to proceed in forma 20 pauperis. (Docs. 1, 2) The Court may authorize the commencement of an action without prepayment 21 of fees “by a person who submits an affidavit that includes a statement of all assets such person . . . 22 possesses [and] that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 23 1915(a). The Court has reviewed the motion and finds Plaintiff satisfies the requirements of 28 U.S.C. 24 § 1915(a). 25 When, as here, an individual seeks to proceed in forma pauperis, the Court is required to review 26 the complaint and shall dismiss a complaint, or portion of the complaint, if it is “frivolous, malicious or 27 fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant 28 who is immune from such relief.” 28 U.S.C. § 1915A(b); 28 U.S.C. § 1915(e)(2). A plaintiff’s claim 1 1 is frivolous “when the facts alleged rise to the level of the irrational or the wholly incredible, whether or 2 not there are judicially noticeable facts available to contradict them.” Denton v. Hernandez, 504 U.S. 3 25, 32-33 (1992). Thus, the Court has reviewed the allegations of the Complaint, and finds the 4 allegations presented are not futile. 5 Accordingly, the Court ORDERS: 6 1. Plaintiff’s motion to proceed in forma pauperis is GRANTED; 7 2. The Clerk of Court is DIRECTED to issue summons as to the defendant, Joseph Galland; 8 9 3. The Clerk of Court is DIRECTED to serve Plaintiff with New Civil Case Documents, 10 USM-285 Forms, a Notice of Submission of Documents form, an instruction sheet, and 11 a copy of the Complaint; 12 4. Within thirty days from the date of this order, Plaintiff SHALL complete the attached 13 Notice of Submission of Documents and submit the completed Notice to the Court with 14 the following documents: 15 a. A completed USM-285 form for the defendant; and 16 b. Four copies of the complaint filed on April 7, 2016. 17 5. Plaintiff need not attempt service on the defendants and need not request waiver of 18 service. Upon receipt of the above-described documents, the Court will direct the 19 United States Marshal to serve the defendant pursuant to Federal Rule of Civil 20 Procedure 4 without payment of costs. 21 22 23 24 IT IS SO ORDERED. Dated: April 12, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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