Cathey v. City of Vallejo, et al.
Filing
3
ORDER signed by Magistrate Judge Allison Claire on 9/9/2014 GRANTING plaintiff's 2 Motion to Proceed In Forma Pauperis. Service is appropriate for City of Vallejo and Jodi Brown. Clerk directed to send plaintiff the following documents: 1 Summ ons, 1 USM-285 form, and instruction sheet, a copy of Complaint, an appropriate form for consent, and this Court's Status Order. Within 15 days, plaintiff is directed to supply U.S. Marshal with documents for service of process and to file a Statement with Court said documents have been submitted to them. [cc: U.S. Marshal Services] (Marciel, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DESHAWN CATHEY,
12
13
No. 2:14-CV-01749-JAM-AC
Plaintiff,
v.
ORDER
14
CITY OF VALLEJO, ET AL.,
15
Defendants.
16
17
Plaintiff, proceeding in this action pro se, has requested leave to proceed in forma
18
pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to the undersigned pursuant
19
to Local Rule 302(a), pursuant to 28 U.S.C. § 636(b)(1). Plaintiffs have submitted an affidavit
20
making the showing required by 28 U.S.C. § 1915(a)(1). Accordingly, the request to proceed in
21
forma pauperis will be granted.
22
23
The complaint states a cognizable claim for relief. If the allegations of the complaint are
proven, plaintiff has a reasonable opportunity to prevail on the merits of this action.
24
Good cause appearing, IT IS ORDERED that:
25
1. Plaintiff's request for leave to proceed in forma pauperis is granted.
26
2. Service is appropriate for the following defendants: City of Vallejo and Jodi Brown.
27
3. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed
28
to serve within ninety days of the date of this order, all process pursuant to Federal Rule of Civil
1
1
Procedure 4, including a copy of this court’s status order, without prepayment of costs.
2
4. The Clerk of the Court shall send plaintiff one USM-285 form for each defendant, one
3
summons, a copy of the complaint, an appropriate form for consent to trial by a magistrate judge,
4
and this court’s status order.
5
5. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order
6
is filed, all information needed by the Marshal to effect service of process, and shall file a
7
statement with the court that said documents have been submitted to the United States Marshal.
8
The court anticipates that, to effect service, the U.S. Marshal will require at least:
9
a. One completed summons for each defendant;
10
b. One completed USM-285 form for each defendant;
11
c. One copy of the endorsed filed complaint for each defendant, with an extra
12
copy for the U.S. Marshal;
13
d. One copy of this court’s status order for each defendant; and
14
e. One copy of the instant order for each defendant.
15
6. In the event the U.S. Marshal is unable, for any reason whatsoever, to effectuate
16
service on any defendant within 90 days from the date of this order, the Marshal is directed to
17
report that fact, and the reasons for it, to the undersigned.
18
19
20
7. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal,
501 “I” Street, Sacramento, Ca., 95814, Tel. No. (916) 930-2030.
8. Failure to comply with this order may result in a recommendation that this action be
21
dismissed.
22
DATED: September 9, 2014
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?