Cortes v. Kern County Superintendent of Schools

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP, ORDER DIRECTING Clerk to Issue New Case Documents; ORDER DIRECTING Plaintiff to Complete the Service Documents, signed by Magistrate Judge Jennifer L. Thurston on 4/19/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO CORTES,
Plaintiff,

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v.
KERN COUNTY SUPERINTENDENT OF
SCHOOLS,

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Defendant.
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Case No.: 1:17-cv-00543 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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Gustavo Cortes 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. 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 defendants, Kern County
Superintendent of Schools;

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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; and

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b.

Four copies of the complaint filed on April 17, 2017.

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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 defendants 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 19, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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