Fowkes v. Metropolitan Life Insurance Company

Filing 3

ORDER signed by Judge Kimberly J. Mueller on 3/18/15 GRANTING 2 Motion to Proceed IFP. Service is appropriate for the named defendant. The Clerk of the court is DIRECTED to issue forthwith, and the U.S. Marshal is DIRECTED to serve within 90 day s of the date of this order, all process pursuant to FRCP 4. Plaintiff is DIRECTED to supply the U.S. Marshal, within 15 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the U.S. Marshal. (cc: USM). (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE FOWKES,

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Plaintiff,

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No. 2:15-cv-00546-KJM-CKD

v.

ORDER

METROPOLITAN LIFE INSURANCE
COMPANY, and DOES 1 to 100,
Defendants.

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Plaintiff Yvonne Fowkes filed this action under the Employee Retirement Income

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Security Act of 1974, 29 U.S.C. § 1001, et seq. on March 11, 2015 (ECF No. 1) and now

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requests permission to proceed in forma pauperis (IFP) (ECF No. 2). As explained below, the

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court GRANTS plaintiff’s request.

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I.

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DISCUSSION
A party instituting a civil action in a United States district court, except for an

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application for a writ of habeas corpus, must pay a filing fee of $400.00. 28 U.S.C. § 1914. If a

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party, however, is granted leave to proceed in forma pauperis, an action may proceed without

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prepaying the entire fee. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). To qualify

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for IFP status, a party need not show that he or she is entirely destitute. Adkins v. E.I. DuPont de

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Nemours & Co., 335 U.S. 331, 339–40 (1948). Yet, “the same even-handed care must be

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employed to assure that federal funds are not squandered to underwrite, at public expense, either
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frivolous claims or the remonstrances of a suitor who is financially able, in whole or in material

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part, to pull his own oar.” Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984).

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Here, plaintiff is entitled to IFP status. In the application to proceed without

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prepayment of fees and affidavit, form number AO 240, plaintiff, under penalty of perjury, states

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he is unemployed; has not received any money in the past twelve months; and owns only a mobile

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home. (ECF No. 2) Accordingly, based on these circumstances, the court finds plaintiff qualifies

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for IFP status.

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II.

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CONCLUSION
For the foregoing reasons, the court orders as follows:

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1. Plaintiff’s motion to proceed in forma pauperis is GRANTED.

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2. Service is appropriate for the named defendant.

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3. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is

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directed to serve within ninety days of the date of this order, all process

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pursuant to Federal Rule of Civil Procedure 4.

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4. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date

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this order is filed, all information needed by the Marshal to effect service of

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process, and shall file a statement with the court that said documents have been

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submitted to the United States Marshal. The court anticipates that, to effect

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service, the U.S. Marshal will require at least:

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a. One completed summons for each defendant;

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b. One completed USM-285 form for each defendant;

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c. One copy of the endorsed filed complaint for each defendant, with an

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extra copy for the U.S. Marshal;

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d. One copy of this court’s status order for each defendant; and

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e. One copy of the instant order for each defendant.

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5. In the event the U.S. Marshal is unable, for any reason whatsoever, to

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effectuate service on any defendant within 90 days from the date of this order,

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the Marshal is directed to report that fact, and the reasons for it, to the

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undersigned.

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6. The Clerk of the Court is directed to serve a copy of this order on the U.S.

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Marshal, 501 “I” Street, Sacramento, CA, 95814, Tel. No. [phone].

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IT IS SO ORDERED
DATED: March 18, 2015.

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UNITED STATES DISTRICT JUDGE

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