Campos, et al v. Federal Home Loan Services Corp., et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/25/2013 GRANTING 2 Motion to Proceed IFP; DIRECTING The Clerk of Court to issue all process pursuant to F.R.Cv.P. Rule 4; DIRECTING the Clerk of Court to send the plaintiffs 2 USM-285 forms; 1 Summons, a copy of the 1 Complaint and this Court's New Case Documents; ADVISING the plaintiffs that the U.S. Marshal will require 1 completed Summons, 1 completed USM-285 form per defendant, 1 copy of the Complaint per defendant, plus 1 copy of the Complaint for the U.S. Marshal, and a full set of New Case Documents per defendant; ORDERING the plaintiffs to supply the U.S. Marshal all information necessary to effectuate process within 14 days; ORDERING plaintiffs to file a Statement with the Court that such service has been made; DIRECTING the U.S. Marshal to serve process, without prepayment of cost within 90 days. (cc; USM) (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IGNACIO CAMPOS,
RAQUEL CAMPOS,

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Plaintiffs,

No. 2:13-cv-494-MCE-EFB PS

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vs.
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FEDERAL HOME LOAN SERVICES
CORP.; QUALITY HOME LOAN
SERVICES; and DOES 1-100, inclusive,

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Defendants.
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ORDER
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This case, in which plaintiffs are proceeding in propria persona, was referred to the

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undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule

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302(c)(21). Plaintiffs request authority pursuant to 28 U.S.C. § 1915 to proceed in forma

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pauperis, and have submitted the affidavit required thereunder which demonstrates that plaintiffs

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are unable to prepay fees and costs or give security thereof. Accordingly, the request to proceed

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in forma pauperis will be granted. 28 U.S.C. § 1915(a).

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

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to the in forma pauperis statute if, at any time, it determines that the allegation of poverty is

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untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be

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granted, or seeks monetary relief against an immune defendant. The court cannot make this
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determination on the present record. Therefore, the court reserves decision on these issues until

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the record is sufficiently developed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiffs’ request to proceed in forma pauperis, Dckt. No. 2, is granted.

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2. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal

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Rule of Civil Procedure 4.

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3. The Clerk of Court shall send plaintiffs two USM-285 forms, one summons, a copy of

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the complaint, this court’s scheduling order, and the forms providing notice of the magistrate

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judge’s availability to exercise jurisdiction for all purposes and the court’s voluntary dispute

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resolution program.

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4. Plaintiffs are advised that the U.S. Marshal will require:

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a. One completed summons;

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

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c. A copy of the complaint for each defendant, with an extra copy for the U.S.

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Marshal; and,

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d. A copy of this court’s scheduling order and related documents for each
defendant.

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5. Plaintiffs shall supply the United States Marshal, within 14 days from the date this

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

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within 14 days thereafter, file a statement with the court that said documents have been

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submitted to the United States Marshal.

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6. The U.S. Marshal shall serve process, with copies of this court’s scheduling order and

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related documents, within 90 days of receipt of the required information from plaintiff, without

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prepayment of costs. The United States Marshal shall, within 14 days thereafter, file a statement

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with the court that said documents have been served. If the U.S. Marshal is unable, for any

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reason, to effect service of process on any defendant, the Marshal shall promptly report that fact,

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and the reasons for it, to the undersigned.

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7. The Clerk of Court shall serve a copy of this order on the United States Marshal, 501
“I” Street, Sacramento, CA 95814 (tel. [phone]).
8. Failure to comply with this order may result in a recommendation that this action be

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dismissed.

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DATED: March 25, 2013.

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