Brown v. Hagel et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/24/16 ORDERING that the 2 Motion to Proceed IFP is GRANTED; Clerk to send plaintiff 1 USM form, 1 summons, copy of complaint, scheduling order and the forms providing notice of the magistr ate judges availability to exercise jurisdiction for all purposes; within 14 days, plaintiff shall submit service documents to the USM and file a statement to the court regarding the submission; USM shall serve process within 90 days and within 14 days thereafter file a statement that said documents have been served. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH BROWN,

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No. 2:15-cv-0026-JAM-EFB PS
Plaintiff,

v.

ORDER

CHUCK HAGEL, et al.,

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Defendants.

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Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis,

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and has submitted the affidavit required thereunder which demonstrates that plaintiff is unable to

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prepay fees and costs or give security for them.1 ECF No. 2. Accordingly, the request to proceed

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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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This case, in which plaintiff is proceeding in propria persona, was referred to the
undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C.
§ 636(b)(1).
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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 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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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 complaint for defendant, with an extra copy for the U.S. Marshal;

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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: March 24, 2016.

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