Raley v. Williams et al

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 1/24/2018 GRANTING 2 Motion to Proceed IFP. The clerk is DIRECTED to issue process. Within 15 days from the date of this order, plaintiff shall submit to the USM the necessary documents and file a statement with the court. The USM is DIRECTED to serve all process without prepayment of costs within 60 days. (York, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN B. RALEY,

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Plaintiff,

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No. 2:14-cv-2652-JAM-CMK

vs.

ORDER

BOB WILLIAMS, et al.,
Defendants.
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Plaintiff, proceeding pro se, bring this civil action. Pending before the court is
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plaintiff’s motion to proceed in forma pauperis (Doc. 2) and his complaint (Doc. 1).
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Plaintiff has submitted the affidavit required by 28 U.S.C. § 1915(a) showing that
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plaintiff is unable to prepay fees and costs or give security therefor. His motion to proceed in
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forma pauperis will therefore be granted.
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The court is required to screen complaints brought by prisoners seeking relief
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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.
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§ 1915A(a). The court is also required to screen complaints brought by litigants who have been
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granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). Under these screening
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provisions, the court must dismiss a complaint or portion thereof if it: (1) is frivolous or
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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief

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from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(A), (B) and

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1915A(b)(1), (2). Moreover, pursuant to Federal Rule of Civil Procedure 12(h), this court must

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dismiss an action “[w]henever it appears . . . that the court lacks jurisdiction of the subject matter

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. . . .” Because plaintiff, who is not a prisoner, has been granted leave to proceed in forma

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pauperis, the court will screen the complaint pursuant to § 1915(e)(2).

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In this case, plaintiff challenges the defendants actions regarding the abatement of

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his medicinal marijuana plants. He alleges, inter alia, that his Constitutional rights were

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violated, including the Fourth, Fifth and Fourteenth Amendments, that the County ordinance

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regarding the abatement is unlawful, and that the defendants exceeded their authority.

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The court concludes that it has subject matter jurisdiction and that the complaint is

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appropriate for service by the United States Marshal without pre-payment of costs. If plaintiff

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desires service of process by the United States Marshal without pre-payment of costs, plaintiff

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must comply with the requirements outlined below. Plaintiff is warned that failure to comply

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with this order, or otherwise effect service pursuant to Federal Rule of Civil Procedure 4, may

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result in dismissal of the action for lack of prosecution and failure to comply with court rules and

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orders. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion to proceed in forma pauperis (Doc. 2) is granted;

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2.

The Clerk of the Court shall issue a summons in a civil case, the

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undersigned’s new case documents, and an order setting this matter for an initial scheduling

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conference;

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3.

The Clerk of the Court shall send plaintiff the summons, a USM-285 form,

and a copy of the complaint;
4.

Within 15 days from the date of this order, plaintiff shall complete the

summons by indicating the addresses of the named defendants and shall submit to the United
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States Marshal at the address indicated below the following documents:

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a.

The completed summons;

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b.

One completed USM-285 form for each named defendant;

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c.

Two copies of the complaint; and

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d.

Two copies of the court’s initial scheduling conference order

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issued herewith;

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5.

Within 20 days of the date of this order, plaintiff shall file a notice

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indicating that the documents described above have been submitted to the United States Marshal,

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or a notice that plaintiff intends to serve the summons and complaint without assistance from the

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United States Marshal;
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If plaintiff seeks the assistance of the United States Marshal, the United

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States Marshal is directed to serve all process without pre-payment of costs not later than 60 days

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from the date of this order, such service of process to be completed by serving a copy of the

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summons, complaint, and initial scheduling conference order on the defendants at the addresses

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provided by plaintiff; and

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7.

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

United States Marshal at 501 “I” Street, Sacramento, CA, 95814.

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DATED: January 24, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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