Contreras v. National Guard Bureau et al
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.)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
GRACIELA M. CONTRERAS,
No. 2:14-cv-1282-MCE-EFB PS
GEN. FRANK J. GRASS, et al.,
This case, in which plaintiff is proceeding in propria persona and in forma pauperis,
proceeds on plaintiff’s first amended complaint. ECF No. 9. Pursuant to 28 U.S.C. § 1915(e)(2),
the court is directed to dismiss a case filed pursuant to the in forma pauperis statute if, at any
time, it determines that the allegation of poverty is untrue, or if the action is frivolous or
malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against
an immune defendant. The court cannot make this determination on the present record.
Therefore, the court reserves decision on these issues until the record is sufficiently developed.
Accordingly, it is hereby ORDERED that:
1. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal
Rule of Civil Procedure 4.
2. The Clerk of Court shall send plaintiff one USM-285 form, one summons, a copy of
the complaint, this court’s scheduling order, and the forms providing notice of the magistrate
judge’s availability to exercise jurisdiction for all purposes.
3. Plaintiff is advised that the U.S. Marshal will require:
a. One completed summons;
b. One completed USM-285 form for each defendant;
c. A copy of the complaint for each defendant, with an extra copy for the U.S.
d. A copy of this court’s scheduling order and related documents for each
4. Plaintiff shall supply the United States Marshal, within 14 days from the date this order
is filed, all information needed by the Marshal to effect service of process, and shall, within 14
days thereafter, file a statement with the court that said documents have been submitted to the
United States Marshal.
5. The U.S. Marshal shall serve process, with copies of this court’s scheduling order and
related documents, within 90 days of receipt of the required information from plaintiff, without
prepayment of costs. The United States Marshal shall, within 14 days thereafter, file a statement
with the court that said documents have been served. If the U.S. Marshal is unable, for any
reason, to effect service of process on any defendant, the Marshal shall promptly report that fact,
and the reasons for it, to the undersigned.
6. The Clerk of Court shall serve a copy of this order on the United States Marshal, 501
“I” Street, Sacramento, CA 95814 (tel. 916-930-2030).
7. Failure to comply with this order may result in a recommendation that this action be
DATED: January 26, 2017.
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