Schema v. United States Department of Agriculture, et al.

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/14/2014 GRANTING plaintiff's 2 Motion to Proceed In Forma Pauperis. United States Marshal directed to serve within 90 days of date of this Order, all process pursuant to Fed. R. Civ. P. 4, including a copy of this Court's Order setting Status Conference, without prepayment of costs. Clerk shall send plaintiff 1 USM-285 form for each defendant, 1 Summons, and a copy of 1 Complaint. Plaintiff directed to provide to United States Marshal, within 14 days from date Order is filed, all information needed by USMS to effect service of process. [cc: U.S. Marshal Services] (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN SCHEMA,

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No. 2:14-cv-0630 MCD CKD PS
Plaintiff,

v.

ORDER

UNITED STATES DEPARTMENT OF
AGRICULTURE, et al.,
Defendants.

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Plaintiff, proceeding in this action pro se, 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 by Local Rule

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302(21), pursuant to 28 U.S.C. § 636(b)(1).

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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. The United States Marshal is directed to serve within ninety days of the date of this

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order, all process pursuant to Fed. R. Civ. P. 4, including a copy of this court’s order setting status

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conference, without prepayment of costs.

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3. The Clerk of the Court shall send plaintiff one USM-285 form for each defendant, one
summons, and a copy of the complaint.

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4. Plaintiff is directed to provide to the United States Marshal, within fourteen days from

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

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shall file a statement with the court that said documents have been submitted to the United States

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Marshal. 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; and

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d. One copy of the instant order for each defendant.
5. 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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6. The Clerk of the Court is directed to serve a copy of this order on the United States

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Marshal, 501 “I” Street, Sacramento, Ca., 95814, Tel. No. [phone].

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Dated: March 14, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 schema.ifp.ser

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