Gavin v. Target Corporation, Inc.

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/20/2014 GRANTING plaintiff's 2 Motion to Proceed In Forma Pauperis. Clerk directed to send plaintiff 1 USM-285 form, 1 Summons, a copy of 1 Complaint, the Court's Scheduling Order, and forms providing Notice of Magistrate Judge's Availability to Exercise Jurisdiction for all purposes. Within 14 days from date of Order, all information needed by Marshal to effect service shall be submitted. Within 14 days, plaintiff shall file a Statement with Court stating said documents have been submitted. [cc: U.S. Marshal Services] (Marciel, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 LYNN GAVIN, 11 Plaintiff, 12 13 14 No. 2:13-cv-2005-MCE-EFB PS v. ORDER TARGET CORPORATION, INC.; and DOES 1-100, Defendants. 15 This case, in which plaintiff is proceeding in propria persona, was referred to the 16 17 undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule 18 302(c)(21). Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma 19 pauperis, and has submitted the affidavit required thereunder which demonstrates that plaintiff is 20 unable to prepay fees and costs or give security for them. ECF No. 2. Accordingly, the request to 21 proceed in forma pauperis is granted. 28 U.S.C. § 1915(a). Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss a case filed pursuant to 22 23 the in forma pauperis statute if, at any time, it determines that the allegation of poverty is untrue, 24 or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or 25 seeks monetary relief against an immune defendant. The court cannot make this determination on 26 the present record. Therefore, the court reserves decision on these issues until the record is 27 sufficiently developed. 28 ///// 1 1 Accordingly, it is hereby ORDERED that: 2 1. Plaintiff’s request to proceed in forma pauperis, ECF No. 2, is granted. 3 2. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal 4 Rule of Civil Procedure 4. 5 3. The Clerk of Court shall send plaintiff one USM-285 form, one summons, a copy of 6 the complaint, this court’s scheduling order, and the forms providing notice of the magistrate 7 judge’s availability to exercise jurisdiction for all purposes. 8 4. 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. Marshal; 12 and, 13 d. A copy of this court’s scheduling order and related documents for defendant. 14 5. Plaintiff shall supply the United States Marshal, within 14 days from the date this order 15 is filed, all information needed by the Marshal to effect service of process, and shall, within 14 16 days thereafter, file a statement with the court that said documents have been submitted to the 17 United States Marshal. 18 6. 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 7. 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 ///// 27 ///// 28 ///// 2 1 8. Failure to comply with this order may result in a recommendation that this action be 2 dismissed. 3 DATED: May 20, 2014. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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