Sherman v. City of Davis

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/6/2011 ORDERING that Pltf's 2 Motion to Proceed IFP is GRANTED. The Clerk to send Pltf one USM-285 form, one summons, a copy of the complaint and status order. Pltf to submit service documents to the USM within 14 days and file a statement with the court that documents have been submitted. (cc: USM) (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH A. SHERMAN,

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Plaintiff,

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vs.

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No. CIV S- 11-0820 JAM GGH PS

CITY OF DAVIS,

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Defendant.

ORDER
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Plaintiff, proceeding in this action pro se, has requested leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule

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302(21), pursuant to 28 U.S.C. § 636(b)(1).

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Plaintiff has submitted an affidavit making the showing required by 28 U.S.C.
§ 1915(a)(1). Accordingly, the request to proceed in forma pauperis will be granted.

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The determination that plaintiff may proceed in forma pauperis does not complete

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the required inquiry. Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss the case

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at any time if it determines the allegation of poverty is untrue, or the action is frivolous or

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malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against

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an immune defendant. The court cannot make this determination on the present record.

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Therefore, the court reserves decision on these issues until the record is sufficiently developed.
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Good cause appearing, IT IS ORDERED that:

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1. Plaintiff's request for leave to proceed in forma pauperis is granted.

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2. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is

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directed to serve within ninety days of the date of this order, all process pursuant to Fed. R. Civ.

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P. 4, including a copy of this court’s status order, without prepayment of costs.

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3. The Clerk of the Court shall send plaintiff one USM-285 form for each

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defendant, one summons, a copy of the complaint, an appropriate form for consent to trial by a

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magistrate judge, and this court’s status order.

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4. Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date

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this order is filed, all information needed by the Marshal to effect service of process, and shall

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file a statement with the court that said documents have been submitted to the United States

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Marshal. The court anticipates that, to effect service, the U.S. Marshal will require at least:

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a. One completed summons for each defendant;

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b. One completed USM-285 form for each defendant;

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c. One copy of the endorsed filed complaint for each defendant, with an

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extra copy for the U.S. Marshal;

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d. One copy of this court’s status order for each defendant; and

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e. One copy of the instant order for each defendant.

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5. In the event the U.S. Marshal is unable, for any reason whatsoever, to

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effectuate service on any defendant within 90 days from the date of this order, the Marshal is

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directed to report that fact, and the reasons for it, to the undersigned.

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6. The Clerk of the Court is directed to serve a copy of this order on the U.S.

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Marshal, 501 “I” Street, Sacramento, Ca., 95814, Tel. No. [phone].

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DATED: July 6, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Sherman0820.srv.wpd

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