Fitch v. Galland
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOEY FITCH,
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Plaintiff,
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JOSEPH GALLAND,
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Defendant.
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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
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Plaintiff Joey Fitch initiated this action by filing a complaint and motion to proceed in forma
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pauperis. (Docs. 1, 2) The Court may authorize the commencement of an action without prepayment
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of fees “by a person who submits an affidavit that includes a statement of all assets such person . . .
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possesses [and] that the person is unable to pay such fees or give security therefor.” 28 U.S.C. §
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1915(a). The Court has reviewed the motion and finds Plaintiff satisfies the requirements of 28 U.S.C.
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§ 1915(a).
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When, as here, an individual seeks to proceed in forma pauperis, the Court is required to review
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the complaint and shall dismiss a complaint, or portion of the complaint, if it is “frivolous, malicious or
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fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant
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who is immune from such relief.” 28 U.S.C. § 1915A(b); 28 U.S.C. § 1915(e)(2). A plaintiff’s claim
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is frivolous “when the facts alleged rise to the level of the irrational or the wholly incredible, whether or
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not there are judicially noticeable facts available to contradict them.” Denton v. Hernandez, 504 U.S.
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25, 32-33 (1992). Thus, the Court has reviewed the allegations of the Complaint, and finds the
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allegations presented are not futile.
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Accordingly, the Court ORDERS:
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1.
Plaintiff’s motion to proceed in forma pauperis is GRANTED;
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2.
The Clerk of Court is DIRECTED to issue summons as to the defendant, Joseph
Galland;
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3.
The Clerk of Court is DIRECTED to serve Plaintiff with New Civil Case Documents,
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USM-285 Forms, a Notice of Submission of Documents form, an instruction sheet, and
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a copy of the Complaint;
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4.
Within thirty days from the date of this order, Plaintiff SHALL complete the attached
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Notice of Submission of Documents and submit the completed Notice to the Court with
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the following documents:
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a.
A completed USM-285 form for the defendant; and
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b.
Four copies of the complaint filed on April 7, 2016.
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5.
Plaintiff need not attempt service on the defendants and need not request waiver of
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service. Upon receipt of the above-described documents, the Court will direct the
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United States Marshal to serve the defendant pursuant to Federal Rule of Civil
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Procedure 4 without payment of costs.
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IT IS SO ORDERED.
Dated:
April 12, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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