Reynolds v. State of California Department of Fish and Game

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 6/6/2011 ORDERING the Clerk to issue a summons, new case documents and order setting status conference. The Clerk to send Pltf the summons, one USM-285 form and a copy of the complaint. Within 15 days, Pltf shall submit service documents to the USM and file a statment 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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JOHN REYNOLDS,

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No. CIV S-11-1381-MCE-CMK

Plaintiff,
vs.

ORDER

STATE OF CALIFORNIA
DEPARTMENT OF FISH AND
GAME,
Defendant.
/
Plaintiff, who is proceeding pro se, brings this civil action. Pending before the
court is plaintiff’s complaint (Doc. 1).
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), this court must

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dismiss an action “[w]henever it appears . . . that the court lacks jurisdiction of the subject

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matter . . . .” Because plaintiff, who is not a prisoner, has been granted leave to proceed in forma

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

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the court will also consider as a threshold matter whether it has subject-matter jurisdiction.

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Plaintiff states that he owns a mining claim on federal land and claims that

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California Fish & Game Code §§ 5653 through 5653.5 unconstitutionally infringe on his

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contractual rights with respect to his mining claim. The court concludes that it has subject matter

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jurisdiction and that the complaint is appropriate for service by the United States Marshal

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

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without pre-payment of costs, plaintiff must comply with the requirements outlined below.

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Plaintiff is warned that failure to comply with this order, or otherwise effect service pursuant to

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Federal Rule of Civil Procedure 4, may result in dismissal of the action for lack of prosecution

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and failure to comply with court rules and 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, one USM-285

form, and a copy of the complaint;
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;

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c.

Two copies of the complaint; and
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d.

One copy of the court’s initial scheduling conference order issued

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

indicating that the documents described above have been submitted to the United States Marshal;
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The United States Marshal is directed to serve all process without pre-

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payment of costs not later than 60 days from the date of this order, such service of process to be

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completed by serving a copy of the summons, complaint, and initial scheduling conference order

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on the defendants at the addresses 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: June 6, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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