Witte v. Wells Fargo Home Mortgage et al
Filing
3
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/12/16 ORDERING that Plaintiff's request to proceed in forma pauperis (ECF No. 2 is GRANTED. The Clerk is directed to issue forthwith all process pursuant to FRCP 4. The Clerk shall send Plaintiff one USM-285 form, one summons, a copy of the complaint, this Court's scheduling order, and the forms providing notice of the Magistrate Judge's availability to exercise jurisdiction for all purposes. The Clerk shall serve a copy of this order on the USM, 501 I Street, Sacramento, CA 95814 (tel. 916-930-2030).(Mena-Sanchez, L)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
THOMAS WITTE,
12
13
14
15
No. 2:16-cv-0691-KJM-EFB PS
Plaintiff,
v.
ORDER
WELLS FARGO HOME MORTGAGE, et
al.,
Defendants.
16
17
18
Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis,
19
and has submitted the affidavit required thereunder which demonstrates that plaintiff is unable to
20
prepay fees and costs or give security for them.1 ECF No. 2. Accordingly, the request to proceed
21
in forma pauperis is granted. 28 U.S.C. § 1915(a).
22
Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss a case filed pursuant to
23
the in forma pauperis statute if, at any time, it determines that the allegation of poverty is untrue,
24
or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or
25
seeks monetary relief against an immune defendant. The court cannot make this determination on
26
27
28
1
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).
1
1
the present record. Therefore, the court reserves decision on these issues until the record is
2
sufficiently developed.
3
Accordingly, it is hereby ORDERED that:
4
1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted.
5
2. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal
6
7
Rule of Civil Procedure 4.
3. The Clerk of Court shall send plaintiff one USM-285 form, one summons, a copy of
8
the complaint, this court’s scheduling order, and the forms providing notice of the magistrate
9
judge’s availability to exercise jurisdiction for all purposes.
10
4. Plaintiff is advised that the U.S. Marshal will require:
11
a. One completed summons;
12
b. One completed USM-285 form for each defendant;
13
c. A copy of the complaint for each defendant, with an extra copy for the U.S.
14
Marshal; and,
15
16
17
d. A copy of this court’s scheduling order and related documents for each
defendant.
5. Plaintiff shall supply the United States Marshal, within 14 days from the date this order
18
is filed, all information needed by the Marshal to effect service of process, and shall, within 14
19
days thereafter, file a statement with the court that said documents have been submitted to the
20
United States Marshal.
21
6. The U.S. Marshal shall serve process, with copies of this court’s scheduling order and
22
related documents, within 90 days of receipt of the required information from plaintiff, without
23
prepayment of costs. The United States Marshal shall, within 14 days thereafter, file a statement
24
with the court that said documents have been served. If the U.S. Marshal is unable, for any
25
reason, to effect service of process on any defendant, the Marshal shall promptly report that fact,
26
and the reasons for it, to the undersigned.
27
28
7. The Clerk of Court shall serve a copy of this order on the United States Marshal, 501
“I” Street, Sacramento, CA 95814 (tel. 916-930-2030).
2
1
8. Failure to comply with this order may result in a recommendation that this action be
2
dismissed.
3
DATED: April 12, 2016.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?