Heram v. United States Government

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/15/2013 GRANTING plaintiff's 2 Motion to Proceed In Forma Pauperis. Clerk shall sent plaintiff 1 USM-285 form (w/instruction sheet), 1 Summons, a copy of 1 Complaint, this Court's Scheduling Order, the form providing Notice of Magistrate Judge's Availability to Exercise Jurisdiction, Court's Voluntary Dispute Resolution Program. Plaintiff shall supply U.S. Marshal, w/in 14 days from date Order is filed, all informati on needed to effect service. Within 14 days thereafter, plaintiff shall file a Statement with Court that said documents have been submitted to U.S. Marshal. Clerk directed to serve copy of Order on U.S. Marshal. Failure to complay may result in recommendation that action be dismissed. [cc: US Marshal Services] (Marciel, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RAM HERAM, Plaintiff, 10 11 12 13 vs. UNITED STATES GOVERNMENT, ORDER Defendant. / 14 15 No. 2:13-cv-780-TLN-EFB PS This case, in which plaintiff is proceeding in propria persona, was referred to the 16 undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule 17 302(c)(21). Plaintiff requests authority pursuant to 28 U.S.C. § 1915 to proceed in forma 18 pauperis, and has submitted the affidavit required thereunder which demonstrates that plaintiff is 19 unable to prepay fees and costs or give security thereof. Dckt. No. 2. Accordingly, the request 20 to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a). 21 Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss a case filed pursuant 22 to the in forma pauperis statute if, at any time, it determines that the allegation of poverty is 23 untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be 24 granted, or seeks monetary relief against an immune defendant. The court cannot make this 25 determination on the present record. Therefore, the court reserves decision on these issues until 26 the record is sufficiently developed. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal 3 Rule of Civil Procedure 4. 4 2. The Clerk of Court shall send plaintiff one USM-285 form, one summons, a copy of 5 the complaint, this court’s scheduling order, and the forms providing notice of the magistrate 6 judge’s availability to exercise jurisdiction for all purposes and the court’s voluntary dispute 7 resolution program. 8 3. Plaintiff is advised that the U.S. Marshal will require: 9 a. One completed summons; 10 b. One completed USM-285 form for defendant; 11 c. A copy of the complaint for defendant, with an extra copy for the U.S. 12 Marshal; and, 13 d. A copy of this court’s scheduling order and related documents for defendant. 14 4. Plaintiff shall supply the United States Marshal, within 14 days from the date this 15 order is filed, all information needed by the Marshal to effect service of process, and shall, 16 within 14 days thereafter, file a statement with the court that said documents have been 17 submitted to the United States Marshal. 18 5. The U.S. Marshal shall serve process, with copies of this court’s scheduling order and 19 related documents, within 90 days of receipt of the required information from plaintiff, without 20 prepayment of costs. The United States Marshal shall, within 14 days thereafter, file a statement 21 with the court that said documents have been served. If the U.S. Marshal is unable, for any 22 reason, to effect service of process on any defendant, the Marshal shall promptly report that fact, 23 and the reasons for it, to the undersigned. 24 6. The Clerk of Court shall serve a copy of this order on the United States Marshal, 501 25 “I” Street, Sacramento, CA 95814 (tel. 916-930-2030). 26 //// 2 1 7. Failure to comply with this order may result in a recommendation that this action be 2 dismissed. 3 DATED: May 15, 2013. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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