Reynolds v. Harris

Filing 3

ORDER signed by Magistrate Judge Craig M. Kellison on 9/20/11 ORDERING that Plaintiff's MOTION for leave to proceed in forma pauperis 2 is GRANTED. (Mena-Sanchez, L)

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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-11-2387-MCE-CMK

Plaintiff,
vs.

ORDER

KAMALA D. HARRIS,

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Defendant.

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Plaintiff, who is proceeding pro se, brings this civil action challenging the

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constitutionality of California Fish and Game Code §§ 5653-5653.9 and seeking prospective

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declaratory and injunctive relief.1 Pending before the court is plaintiff’s request for leave to

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proceed in forma pauperis (Doc. 2). Plaintiff’s complaint, and service thereof by the United

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States Marshal if appropriate, will be addressed separately. The Clerk of the Court shall not

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issue summons or set this matter for an initial scheduling conference unless specifically directed

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by the court to do so.

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The court takes judicial notice of an identical action filed in this court as Reynolds
v. State of California, E. Dist. Cal. case no. CIV-S-11-1381-MCE-CMK. See Chandler v. U.S.,
378 F.2d 906, 909 (9th Cir. 1967) (stating that court may take judicial notice of its own records).
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Plaintiff has submitted the affidavit required by 28 U.S.C. § 1915(a) showing that
plaintiff is unable to prepay fees and costs or give security therefor.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to
proceed in forma pauperis (Doc. 2) is granted.

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DATED: September 20, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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