Stinchfield v. Red Bluff Police Department et al

Filing 14

ORDER signed by Magistrate Judge Craig M. Kellison on 8/7/12 ORDERING the Clerk shall issue a summons in a civil case, the new case documents, and an order setting this matter for an initial scheduling conference; The Clerk shall send plaintiff the s ummons, four USM-285 forms, and a copy of the complaint; Within 15 days from the date of this order, plaintiff shall submit the appropriate paperwork to the USM; Within 20 days of the date of this order, plaintiff shall file a notice indicating that the documents were submitted to the USM; If plaintiff seeks the assistance of the United States Marshal, the United States Marshal is directed to serve all process without pre-payment of costs not later than 60 days from the date of this order; and the Clerk of the Court is directed to serve a copy of this order on the United States Marshal at 501 I Street, Sacramento, CA, 95814.(Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROGER P. SNITCHFIELD,

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No. 2:10-CV-3243-LKK-CMK

Plaintiff,
vs.

ORDER

RED BLUFF POLICE DEPT., et al.,
Defendants.
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Plaintiff, who is proceeding pro se, brings this civil action.

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The court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.

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§ 1915A(a). The court is also required to screen complaints brought by litigants who have been

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granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). Under these screening

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provisions, the court must dismiss a complaint or portion thereof if it: (1) is frivolous or

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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief

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from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(A), (B) and

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1915A(b)(1), (2). Moreover, pursuant to Federal Rule of Civil Procedure 12(h)(3), this court

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must dismiss an action if the court determined that it lacks subject matter jurisdiction. Because
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plaintiff, who is not a prisoner, has been granted leave to proceed in forma pauperis, the court

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will screen the complaint pursuant to § 1915(e)(2). Pursuant to Rule 12(h), the court will also

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consider as a threshold matter whether it has subject-matter jurisdiction.

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The court concludes that it has subject matter jurisdiction and that the complaint is

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appropriate for service by the United States Marshal without pre-payment of costs. If plaintiff

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desires service of process by the United States Marshal without pre-payment of costs, plaintiff

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must comply with the requirements outlined below. Plaintiff is warned that failure to comply

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with this order, or otherwise effect service pursuant to Federal Rule of Civil Procedure 4, may

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result in dismissal of the action for lack of prosecution and failure to comply with court rules and

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orders. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Clerk of the Court shall issue a summons in a civil case, the

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undersigned’s new case documents, and an order setting this matter for an initial scheduling

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conference;

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2.

The Clerk of the Court shall send plaintiff the summons, four USM-285

forms, and a copy of the complaint;

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3.

Within 15 days from the date of this order, plaintiff shall complete the

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summons by indicating the addresses of the named defendants and shall submit to the United

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States Marshal at the address indicated below the following documents:

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a.

The completed summons;

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b.

One completed USM-285 form for each named defendant;

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c.

Five copies of the complaint; and

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d.

Four copies of the court’s initial scheduling conference order

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issued herewith;

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///

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4.

Within 20 days of the date of this order, plaintiff shall file a notice

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indicating that the documents described above have been submitted to the United States Marshal,

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or a notice that plaintiff intends to serve the summons and complaint without assistance from the

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United States Marshal;

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5.

If plaintiff seeks the assistance of the United States Marshal, the United

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States Marshal is directed to serve all process without pre-payment of costs not later than 60 days

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from the date of this order, such service of process to be completed by serving a copy of the

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summons, complaint, and initial scheduling conference order on the defendants at the addresses

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provided by plaintiff; and

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6.

The Clerk of the Court is directed to serve a copy of this order on the

United States Marshal at 501 “I” Street, Sacramento, CA, 95814.

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DATED: August 7, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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