McDaniel v. Powell, et al.

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 3/4/14 GRANTING 2 Motion to Proceed IFP. Service is appropriate for defendants Daniel Powell, John Vilnau and the City of Davis Police Department. The Clerk shall send plaintiff 3 USM forms, 1 s ummons, a copy of the complaint, consent form and the court's status order. Plaintiff is directed to submit service documents to the USM, and a statement with the court that documents have been submitted within 15 days. The USM shall serve process within 90 days. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TANYA MCDANIEL,

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No. 2:13-cv-2653 MCE AC PS

Plaintiff,
v.

ORDER

DANIEL POWELL, ET AL.,
Defendants.

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Plaintiff is proceeding in this action without counsel and has requested leave to proceed in

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

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to Local Rule 302(a).

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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 determination that plaintiff may proceed in forma pauperis does not complete the

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required inquiry. Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss the case at

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any time if it determines the allegation of poverty is untrue, or the action is frivolous or malicious,

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fails to state a claim on which relief may be granted, or seeks monetary relief against an immune

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defendant. The court cannot make this determination on the present record. Therefore, the court

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reserves decision on these issues until the record is sufficiently developed.

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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: Daniel Powell, John Vilnau, and

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the City of Davis Police Department.

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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,

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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 action be

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dismissed.

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DATED: March 4, 2014

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