Heidi Kellerhals v. Ruelas et al

Filing 11

SCREENING ORDER ; ORDER FINDING SERVICE OF COMPLAINT Appropriate for Defendants: Maira Ruelas, Brennan Gonzalez and Tulare County as well as Forwarding Service Documents to Plaintiff, signed by Magistrate Judge Erica P. Grosjean on 9/10/2020. ( 30-Day Deadline) (Attachments: # 1 USM Civil Instructions)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HEIDI KELLERHALS, 12 Plaintiff, 13 14 v. MAIRA RUELAS, et al., 15 Defendants. No. 1:20-CV-01279-NONE-EPG SCREENING ORDER ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF (ECF No. 1) 16 17 On August 8, 2020, Plaintiff Heidi Kellerhals (“Plaintiff”), proceeding in forma pauperis, 18 filed the complaint commencing this action under 42 U.S.C. § 1983. The Court has screened 19 Plaintiffs’ complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and finds that the complaint 20 sufficiently states cognizable claims against Defendants Ruelas, Gonzalez and Tulare County 21 under 42 U.S.C. § 1983 to proceed past the screening stage. The Court also finds the complaint 22 appropriate for service of process. 23 Accordingly, it is HEREBY ORDERED that: 24 1) Service is appropriate for the following defendants: 25 a. Maira Ruelas 26 b. Brennan Gonzalez 27 c. Tulare County 28 /// 1 1 2) The Clerk of Court shall SEND Plaintiffs three (3) USM-285 forms; three (3) summons; a 2 Notice of Submission of Documents form; an instruction sheet; and one (1) copy of the 3 complaint filed on September 6, 2020 (ECF No. 1). 4 3) Within thirty (30) days from the date of service of this order, Plaintiff shall complete the 5 attached Notice of Submission of Documents and submit the completed Notice to the Court 6 with the following documents: 7 a. A completed summons for each Defendant; 8 b. A completed USM-285 form for each Defendant; and 9 c. Four (4) copies of the complaint filed on September 6, 2020 (ECF No. 1). 10 4) Plaintiff need not attempt service on Defendants and need not request waiver of service. 11 Upon receipt of the above-described documents, the Court will direct the United States 12 Marshals Service to serve Defendants pursuant to Federal Rule of Civil Procedure 4 without 13 payment of costs. 14 5) Alternatively, Plaintiff may serve any or all Defendants herself. If Plaintiff chooses this 15 option, Plaintiff shall notify the Court within thirty (30) days that she will be serving any or 16 all Defendants with the assistance of her counsel. 17 18 19 20 IT IS SO ORDERED. Dated: September 10, 2020 /s/ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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