Myers v. Hunt & Heriques et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/8/2011 GRANTING plaintiff's 2 Motion to Proceed In Forma Pauperis. Clerk directed to issue Judge Delaney's Order Setting Status Conference and send plaintiff following documents: 1 Summons, 4 USM-285 forms, copy of Complaint and New Case Opening documents. Plaintiff directed to provide US Marshal all information needed to effect process of service w/in 14 days and file Statement that said documents have been submitted to them. (cc: US Marshal Services) (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID MYERS,

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Plaintiff,
vs.

No. CIV S-11-2347 JAM CKD PS

HUNT & HERIQUES, et al.,
Defendants.

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 HEREBY 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 the undersigned’s order setting

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status conference.

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3. The United States Marshal is directed to serve within ninety days of the date of

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this order, all process pursuant to Fed. R. Civ. P. 4, including a copy of this court’s order setting

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status conference, without prepayment of costs.

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4. The Clerk of the Court shall send plaintiff one USM-285 form for each
defendant, one summons, a copy of the complaint, and this court’s order setting status
conference.

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5. Plaintiff is directed to provide to the United States Marshal, within fourteen

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days from the date this order is filed, all information needed by the Marshal to effect service of

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process, and shall file a statement with the court that said documents have been submitted to the

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United States Marshal. The court anticipates that, to effect service, the U.S. Marshal will require

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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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6. 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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/////

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7. The Clerk of the Court is directed to serve a copy of this order on the United
States Marshal, 501 “I” Street, Sacramento, Ca., 95814, Tel. No. [phone].
Dated: September 8, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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myers.ifp.ser

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