Jones v. Jennings, et al.

Filing 3

ORDER granting 2 Motion to Proceed IFP signed by Judge Kimberly J. Mueller on 11/24/15: Service is appropriate for the named defendants. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed to serve within ninety days of the date of this order, all process pursuant to Federal Rule of Civil Procedure 4, including a copy of this court's status order. The Clerk of the Court shall send plaintiff one USM-285 form for each named defendant, one summons, a copy of the complaint, an appropriate form for consent to trial by a magistrate judge, and this court's status order. (cc: USM). (Kaminski, H) (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

Plaintiff,

13
14

2:15-cv-02364-KJM-AC

WENDY JONES,

ORDER

v.
JACQUELINE JENNINGS, et al.,

15

Defendants.

16
17

Plaintiff Wendy Jones filed this action under 42 U.S.C. § 1983 on November 13,

18

2015, ECF No. 1, and now requests permission to proceed in forma pauperis (IFP), ECF No. 2.

19

As explained below, the court GRANTS plaintiff’s request.

20

I.

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

21
22

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

23

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

24

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

25

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

26

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

27

employed to assure that federal funds are not squandered to underwrite, at public expense, either

28

/////
1

1

frivolous claims or the remonstrances of a suitor who is financially able, in whole or in material

2

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

3

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

4

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

5

she earns only $800 per month in gross pay or wages and receives supplemental security income

6

payments. ECF No. 2. She has no savings or assets. Id. Her monthly expenses are $600, and

7

she owes $185 in penalties and fees. Id. Accordingly, based on these circumstances, the court

8

finds plaintiff qualifies for IFP status.

9

II.

CONCLUSION

10

For the foregoing reasons, the court orders as follows:

11

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

12

2. Service is appropriate for the named defendants.

13

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

14

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

15

pursuant to Federal Rule of Civil Procedure 4, including a copy of this court’s

16

status order, without prepayment of costs.

17

4. The Clerk of the Court shall send plaintiff one USM-285 form for each named

18

defendant, one summons, a copy of the complaint, an appropriate form for

19

consent to trial by a magistrate judge, and this court’s status order.

20

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

21

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

22

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

23

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

24

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

25

a. One completed summons for each defendant;

26

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

27

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

28

extra copy for the U.S. Marshal;
2

1

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

2

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

3

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

4

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

5

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

6

undersigned.

7
8
9
10

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. [phone].
IT IS SO ORDERED
DATED: November 24, 2015.

11
12
13

UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3