Greene v. Tilton et al

Filing 11

ORDER signed by Magistrate Judge John F. Moulds on 6/30/09 ORDERING that 10 Motion is DENIED; Clerk of the Court is directed to send plaintiff an Application to Proceed IFP; and plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES TILTON, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On June 25, 2009, plaintiff filed a letter seeking USM-285 forms to submit to the U.S. Marshal to serve process. Plaintiff states he is a prison inmate who cannot personally serve the defendants. However, plaintiff paid the filing fee in this action. Service of process by the U.S. Marshal does not hinge on plaintiff's status as a prison inmate; rather, it is appropriate only where the inmate is proceeding in forma pauperis. 28 U.S.C. § 1915. On this record, the court cannot determine whether plaintiff might be eligible for in forma pauperis status. Accordingly, the court will direct the Clerk of the Court to send plaintiff the application to proceed in forma pauperis. If plaintiff does not qualify for in forma pauperis, he may hire a process server to accomplish service of process on his behalf. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICHARD GREENE, Plaintiff, No. 2:09-cv-0793 JFM (PC)

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/001; gree0793.ifp

IT IS HEREBY ORDERED that: 1. Plaintiff's June 25, 2009 request is denied; 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner; and 3. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis. DATED: June 30, 2009.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Plaintiff 21 22 23 24 25 26 3 DATED: order filed vs. JAMES TILTON, et al., Defendants. ____________________________________/ Plaintiff hereby submits the following document in compliance with the court's : ______________ IFP affidavit SUBMISSION OF IFP or FILING FEE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICHARD GREENE, Plaintiff, No. 2:09-cv-0793 JFM (PC)