Espinosa v. Whitepages, Inc.

Filing 10

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/28/15: Request to proceed in forma pauperis 2 is granted. The Clerk of the Court is directed to issue forthwith all process, send plaintiff one USM-285 form, one summons, a copy of the first amended complaint, this court's scheduling order, forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes and serve a copy of this order on USM.(Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARREL L. ESPINOSA,

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No. 2:14-cv-2829-MCE-EFB PS

Plaintiff,
v.

ORDER

WHITEPAGES, INC., a Delaware
corporation dba WHITEPAGES.COM; and
PARTIES UNKNOWN, inclusive,
Defendants.

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This case, in which plaintiff is proceeding in propria persona, was referred to the

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undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule

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302(c)(21). Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma

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pauperis, and has submitted the affidavit required thereunder which demonstrates that plaintiff is

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unable to prepay fees and costs or give security for them. ECF No. 2. Accordingly, the request to

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proceed in forma pauperis is granted. 28 U.S.C. § 1915(a).

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Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss a case filed pursuant to

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the in forma pauperis statute if, at any time, it determines that the allegation of poverty is untrue,

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or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or

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seeks monetary relief against an immune defendant. The court cannot make this determination on

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

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sufficiently developed.
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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s request to proceed in forma pauperis, ECF No. 2, is granted.

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

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Rule of Civil Procedure 4.

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3. The Clerk of Court shall send plaintiff one USM-285 form, one summons, a copy of

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the first amended complaint (ECF No. 4), this court’s scheduling order, and the forms providing

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notice of the magistrate judge’s availability to exercise jurisdiction for all purposes.

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4. 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 defendant;

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c. A copy of the first amended complaint (ECF No. 4) for defendant, with an extra

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copy for the U.S. Marshal; and,

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d. A copy of this court’s scheduling order and related documents for defendant.

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5. 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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6. 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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7. The Clerk of Court shall serve a copy of this order on the United States Marshal, 501

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“I” Street, Sacramento, CA 95814 (tel. [phone]).

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8. 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 28, 2015.

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