Atkins v. California Highway Patrol et al

Filing 4

ORDER DIRECTING SERVICE OF PROCESS within 90 days signed by Magistrate Judge Allison Claire on 11/21/12: 2 Motion to Proceed IFP is GRANTED; Service is appropriate for defendants California Highway Patrol, Loren L. Milburn, and T. Martin; USM shall complete service of process within 90 days; Plaintiff shall submit service documents in accordance with this order to the USM and file a statement of submission with the court within 14 days. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELINA ANN ATKINS,

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Plaintiff,

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No. CIV 2:12-cv-2549-MCE-AC (PS)

vs.
CALIFORNIA HIGHWAY PATROL,
et al.,

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Defendants.

ORDER

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/
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Plaintiff is proceeding in this action pro se. Plaintiff seeks relief pursuant to and
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has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This
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proceeding was referred to this court by Local Rule 302(c)(21).
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Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is
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unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in
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forma pauperis will be granted. 28 U.S.C. § 1915(a).
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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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In accordance with the above, 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. Service is appropriate for the following defendants: California Highway

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Patrol, Loren L. Milburn, and T. Martin.

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3. 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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4. The Clerk of the Court shall send plaintiff one USM-285 form for each
defendant, one summons, a copy of the complaint, an appropriate form for consent to trial by a
magistrate judge, and this court’s status order.

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5. 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:

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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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7. 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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8. Failure to comply with this order may result in a recommendation that this

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action be dismissed.

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DATED: November 21, 2012

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/s/
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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