Mayfield v. Orozco, et al.

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 12/31/13 ORDERING that Plaintiff's 2 Motion to Proceed IFP is GRANTED; 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. The Clerk is further directed to serve a copy of this order on the USM. Within 15 days Plaintiff shall submit service documents to the USM and file a statement with the court that said documents have been submitted. (cc: USM). (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES J. MAYFIELD,

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No. 2:13-cv-2499 JAM AC PS

Plaintiff,
v.

ORDER

IVAN OROZCO, ET AL.,

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Defendants.

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Plaintiff is proceeding in this action in pro per and has requested leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court pursuant to

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Local Rule 302(c)(21).

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Plaintiff has submitted an affidavit making the showing required by 28 U.S.C.
§ 1915(a)(1). Accordingly, the request to proceed in forma pauperis will be granted.
The complaint states a cognizable claim for relief. If the allegations of the complaint are
proven, plaintiff has a reasonable opportunity to prevail on the merits of this action.

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Good cause appearing, IT IS ORDERED that:

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1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 2) is granted.

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2. Service is appropriate for the following defendants: Ivan Orozco and the County of

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Sacramento.
3. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed
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to serve within ninety days of the date of this order, all process pursuant to Federal Rule of Civil

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Procedure 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

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summons, a copy of the complaint, an appropriate form for consent to trial by a magistrate judge,

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and this court’s status order.

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5. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order

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

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statement with the court that said documents have been submitted to the United States Marshal.

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The court anticipates that, to effect service, the U.S. Marshal will require at least:

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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 extra

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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 effectuate

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service on any defendant within 90 days from the date of this order, the Marshal is directed to

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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. Marshal,
501 “I” Street, Sacramento, Ca., 95814, Tel. No. [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: December 31, 2013

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