Hicks v. City of Vallejo et al

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 4/8/2014 GRANTING 3 Motion to Proceed in forma pauperis; The Clerk of the Court is directed to issue process and to send plaintiff an instruction sheet for service of process by the United States Marshal; Thee USM-285 form, one summons form, and an endorsed copy of the amended complaint filed 4/2/2014; within 30 days after this order is served, plaintiff shall submit to the USM a properly completed USM-285 form, a properly completed summons form, and the number of copies of the endorsed complaint and of this order required by the USM; the required documents shall be submitted directly to the USM. Within 10 days after submitting the required materials to the USM, plaintiff shall file wi th this court a declaration stating the date on which he submitted the required documents to the USM; within 30 days after receiving the necessary materials from plaintiff, the USM is directed to serve process on defendant without prepayment of costs; the Clerk of the Court is directed to serve a copy of this order on the USM. {cc: USM) (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYRONE EDWARD HICKS,

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Plaintiff,

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No. 2:14-cv-0669 LKK DAD PS

v.

ORDER

CITY OF VALLEJO, et al.,

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Defendants.

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Plaintiff, Tyrone Edward Hicks, is proceeding in this action pro se. This matter was,

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therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. §

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636(b)(1).
Plaintiff has requested leave to proceed in forma pauperis under 28 U.S.C. § 1915. The

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undersigned finds that plaintiff’s in forma pauperis application makes the showing required by the

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statute. Accordingly, plaintiff’s request to proceed in forma pauperis will be granted.
IT IS HEREBY ORDERED that:

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1. Plaintiff’s March 12, 2014 application to proceed in forma pauperis (Dkt. No.

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3) is granted.
2. The Clerk of the Court is directed to issue process and to send plaintiff an

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instruction sheet for service of process by the United States Marshal, thee USM-285 form, one

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/////
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summons form, and an endorsed copy of plaintiff’s amended complaint filed April 2, 2014.1

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(Dkt. No. 3).

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3. Within thirty (30) days after this order is served, plaintiff shall submit to the

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United States Marshal a properly completed USM-285 form, a properly completed summons

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form, and the number of copies of the endorsed complaint and of this order required by the

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United States Marshal; the required documents shall be submitted directly to the United States

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Marshal either by personal delivery or by mail to: United States Marshals Service, 501 I Street,

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Suite 5600, Sacramento, CA 95814 (tel. [phone]).

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4. Within ten (10) days after submitting the required materials to the United States

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Marshals Service, plaintiff shall file with this court a declaration stating the date on which he

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submitted the required documents to the United States Marshal. Failure to file the declaration in a

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timely manner may result in an order imposing appropriate sanctions.

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5. Within thirty (30) days after receiving the necessary materials from plaintiff,
the United States Marshal is directed to serve process on defendant without prepayment of costs.

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6. The Clerk of the Court is directed to serve a copy of this order on the United

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States Marshal.

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Dated: April 8, 2014

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DAD:6
Ddad1\orders.pro se\hicks0669.ifp.serve.ord.docx

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On March 12, 2014, plaintiff filed his original complaint and on April 2, 2014, plaintiff filed an
amended complaint. Plaintiff is advised that under Rule 15 of the Federal Rules of Civil
Procedure, a plaintiff may amend his complaint once as a matter of course within twenty-one
days after serving it or twenty-one days after service of a responsive pleading or motion pursuant
to Rule 12(b). See FED. R. CIV. P. 15. In all other cases, a plaintiff may amend his complaint
with defendant’s written consent or the court’s leave. See id.
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