Anderson v. Hirschler et al.,

Filing 4

ORDER signed by Judge Craig M. Kellison ORDERING 2 MOTION to PROCEED IN FORMA PAUPERIS filed by Tuanja Edward Anderson is GRANTED. Pltf is obligated to pay the statutory filing fee of $250.00 for this action. Fee shall be collected in accordan ce with the court's order to CDC filed concurrently herewith. Service is appropriate on dfts: Jacques C. Hirschler, Dr. Michael D. Fox and Dr. S. L. Palagummi. Clerk shall send pltf 3 USM forms, summons, instructions and copy of 9/16/05 complaint. (Waggoner, D)

(PC) Anderson v. Hirschler et al.,

Doc. 4

Case 2:05-cv-01868-FCD-CMK

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Filed 09/22/2005

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1 2 3 4 5 6 7 8 9 10 11 12 vs. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Tuanja Edward Anderson Plaintiff, No. CIV S-05-1868 FCD CMK P

13 Dr. Jacques C. Hirschler, et al., 14 15 16 Defendants. / Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 ORDER

17 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 18 This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. 19 § 636(b)(1). 20 Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C.

21 § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted. 22 Plaintiff is required to pay the statutory filing fee of $250.00 for this action. 28

23 U.S.C. § 1914(a), 1915(b)(1). Plaintiff has been without funds for six months and is currently 24 without funds. Accordingly, the court will not assess an initial partial filing fee. 28 U.S.C. 25 § 1915(b)(1). Plaintiff is obligated to make monthly payments of twenty percent of the preceding 26 month's income credited to plaintiff's prison trust account. These payments shall be collected 1
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Case 2:05-cv-01868-FCD-CMK

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Filed 09/22/2005

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1 and forwarded by the appropriate agency to the Clerk of the Court each time the amount in 2 plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. 3 § 1915(b)(2). 4 The complaint states a cognizable claim for relief pursuant to 42 U.S.C. § 1983

5 and 28 U.S.C. § 1915A(b). If the allegations of the complaint are proven, plaintiff has a 6 reasonable opportunity to prevail on the merits of this action. 7 8 9 In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's request for leave to proceed in forma pauperis is granted. 2. Plaintiff is obligated to pay the statutory filing fee of $250.00 for this action.

10 The fee shall be collected and paid in accordance with this court's order to the Director of the 11 California Department of Corrections filed concurrently herewith. 12 3. Service is appropriate for the following defendants: Jacques C. Hirschler, Dr.

13 Michael D. Fox and Dr. S.L. Palagummi. 14 4. The Clerk of the Court shall send plaintiff three USM-285 forms, one

15 summons, an instruction sheet and a copy of the complaint filed September 16, 2005. 16 5. Within thirty days from the date of this order, plaintiff shall complete the

17 attached Notice of Submission of Documents and submit the following documents to the court: 18 19 20 21 22 23 /// 24 /// 25 /// 26 /// 2 a. The completed Notice of Submission of Documents; b. One completed summons; c. One completed USM-285 form for each defendant listed in number 3 above; and d. Four copies of the endorsed complaint filed September 16, 2005.

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6. Plaintiff need not attempt service on defendants and need not request waiver of

2 service. Upon receipt of the above-described documents, the court will direct the United States 3 Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 4 without payment of costs. 5 DATED: September 21, 2005. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

Case 2:05-cv-01868-FCD-CMK

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DATED: 22 23 24 25 26 Plaintiff order filed Defendants. / Plaintiff hereby submits the following documents in compliance with the court's : completed summons form completed USM-285 forms copies of the Complaint/Amended Complaint vs. NOTICE OF SUBMISSION OF DOCUMENTS Plaintiff, No. CIV IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA