Contreras v. National Guard Bureau et al

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/26/2017 DIRECTING the Clerk to issue all process pursuant to F.R.Cv.P. Rule 4; FURTHER DIRECTING the Clerk of Court to sent the plaintiff one USM-285 form, one summons, a copy of the first amend ed complaint, and civil new case documents forthwith; ORDERING the plaintiff to submit to the U.S. Marshal within 14 days, one completed 13 , 14 Summons, one completed USM-285 form for each defendant, one copy of the 9 First Amended Complaint fo r each defendant, with an extra copy for the U.S. Marshal, and a copy of this Court's 15 Civil New Case Documents for each defendant and to file a statement with the court attesting to such service within 14 days thereafter; DIRECTING the U.S. Marshal to serve process without prepayment of costs within 90 days of receipt of the required information from the plaintiff; CAUTIONING the plaintiff that a failure to comply with this order may result in a recommendation that this action be dismissed. (cc: U.S. Marshal) (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GRACIELA M. CONTRERAS,

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No. 2:14-cv-1282-MCE-EFB PS

Plaintiff,
v.

ORDER

GEN. FRANK J. GRASS, et al.,
Defendants.

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This case, in which plaintiff is proceeding in propria persona and in forma pauperis,

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proceeds on plaintiff’s first amended complaint. ECF No. 9. Pursuant to 28 U.S.C. § 1915(e)(2),

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the court is directed to dismiss a case filed pursuant to the in forma pauperis statute if, at any

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

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

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an immune defendant. The court cannot make this determination on the present record.

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

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Accordingly, it is hereby ORDERED that:

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1. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal

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Rule of Civil Procedure 4.
2. The Clerk of Court shall send plaintiff one USM-285 form, one summons, a copy of

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the complaint, this court’s scheduling order, and the forms providing notice of the magistrate

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judge’s availability to exercise jurisdiction for all purposes.
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3. Plaintiff is advised that the U.S. Marshal will require:

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a. One completed summons;

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b. One completed USM-285 form for each defendant;

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c. A copy of the complaint for each defendant, with an extra copy for the U.S.

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Marshal; and,

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d. A copy of this court’s scheduling order and related documents for each
defendant.
4. Plaintiff shall supply the United States Marshal, within 14 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, within 14

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days thereafter, file a statement with the court that said documents have been submitted to the

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United States Marshal.

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5. The U.S. Marshal shall serve process, with copies of this court’s scheduling order and

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related documents, within 90 days of receipt of the required information from plaintiff, without

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prepayment of costs. The United States Marshal shall, within 14 days thereafter, file a statement

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with the court that said documents have been served. If the U.S. Marshal is unable, for any

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reason, to effect service of process on any defendant, the Marshal shall promptly report that fact,

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and the reasons for it, to the undersigned.

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6. The Clerk of Court shall serve a copy of this order on the United States Marshal, 501
“I” Street, Sacramento, CA 95814 (tel. [phone]).
7. 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: January 26, 2017.

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