Holley v. KPMG, LLP

Filing 3

ORDER signed by Magistrate Judge John F. Moulds on 11/11/2009 GRANTING pltf's 2 Motion to Proceed IFP; ptlf shall obtain and submit service documents within 30 days. (Suttles, J)

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 In the complaint, plaintiff listed herself as "lead plaintiff" and claims other co-plaintiffs will be named later. Plaintiff, however, is a non-lawyer proceeding without counsel. It is well established that a layperson cannot ordinarily represent the interests of a class. See McShane v. United States, 366 F.2d 286 (9th Cir. 1966). Thus, this action will proceed as to plaintiff only. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LA TRICE ELISE HOLLEY,1 Plaintiff, vs. KPMG LLP, etc., et al., Defendants. / Plaintiff is proceeding in this action pro se. Plaintiff seeks relief pursuant to and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by Local Rule 72-302(c)(21). Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's request to proceed in forma pauperis is granted. ORDER No. 2:09-cv-2909 FCD JFM PS

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001; holley.ifp

2. Plaintiff shall obtain one USM-285 form for each defendant named in the complaint, one summons for each defendant and an instruction sheet. Blank USM-285 forms , blank summons, and instruction sheets are available in the office of the Clerk of the Court. 3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the completed Notice to the court with the following documents: a. One completed summons for the defendant named in the complaint; b. One completed USM-285 form for the defendant named in the complaint; and c. copies of the endorsed complaint filed 4. Plaintiff need not attempt service on defendants and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the defendants pursuant to Federal Rule of Civil Procedure 4 without prepayment of costs. 5. Failure to comply with this order may result in a recommendation that this action be dismissed. DATED: November 11, 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 21 22 23 Plaintiff 24 25 26 DATED: order filed vs. KPMG LLP, etc., et al., Defendants. / Plaintiff hereby submits the following documents in compliance with the court's : completed summons form completed USM-285 forms copies of the Complaint NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LA TRICE ELISE HOLLEY, Plaintiff, No. 2:09-cv-2909 FCD JFM PS