Washington v. California Department of Education et al

Filing 6

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 6/17/10: ORDERING that 3 Motion to Proceed IFP is granted. RECOMMENDING that the district court order service on defendants forthwith and set this matter for status conference.(Kaminski, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 / This action was filed January 22, 2010. On that date plaintiff filed a motion to proceed in forma pauperis. By order filed June 11, 2010, this matter was referred to the undersigned for the limited purposed of ruling on the motion to proceed in forma pauperis. 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). The complaint alleges plaintiff is homeless and entitled to residential placement for emotionally disturbed special education students. Given the exigent circumstances alleged in the complaint, it appears that service on the defendants should be ordered forthwith and the matter set for status conference. The matter will be referred back to the District Judge for that purpose. FINDINGS AND RECOMMENDATIONS vs. CALIFORNIA DEPARTMENT OF EDUCATION, ORDER AND IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANISHA WASHINGTON, Plaintiff, No. CIV S-10-186 FCD KJM

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006 washington.ifp

In accordance with the above, IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis (docket no. 3) is granted; and IT IS HEREBY RECOMMENDED that the district court order service on defendants forthwith and set this matter for status conference. DATED: June 17, 2010.

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