Miller v. National Railroad Passenger Corp., et al.

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 8/8/17 ORDERING that plaintiff's 2 request for leave to proceed in forma pauperis is GRANTED; the Clerk to issue process and send plaintiff 2 USM-285 forms, 1 summons, a copy of complaint. Plaintiff shall complete and submit service documents to the USM within 15 days and file a statement with the court regarding the submission of documents. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CRAIG GARRETT MILLER,

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No. 2:17-CV-1273-TLN-CMK

Plaintiff,
vs.

ORDER

NATIONAL RAILROAD
PASSENGER CORP., et al.,

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Defendants.
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Plaintiff, who is proceeding pro se, brings this civil action. Pending before the

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court is plaintiff’s request for leave to proceed in forma pauperis (Doc. 2). Plaintiff has

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submitted the affidavit required by 28 U.S.C. § 1915(a) showing that plaintiff is unable to prepay

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fees and costs or give security therefor. Plaintiff’s request will be granted.

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The court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.

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§ 1915A(a). The court is also required to screen complaints brought by litigants who have been

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granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). Under these screening

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provisions, the court must dismiss a complaint or portion thereof if it: (1) is frivolous or
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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief

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from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(A), (B) and

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1915A(b)(1), (2). Moreover, pursuant to Federal Rule of Civil Procedure 12(h)(3), this court

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must dismiss an action if the court determines that it lacks subject matter jurisdiction. Because

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plaintiff, who is not a prisoner, has been granted leave to proceed in forma pauperis, the court

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will screen the complaint pursuant to § 1915(e)(2). Pursuant to Rule 12(h), the court will also

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consider as a threshold matter whether it has subject-matter jurisdiction.

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Plaintiff claims that he sustained injuries as a result of being struck by a
southbound Amtrak train on June 20, 2015, in Redding, California. According to plaintiff,

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defendants’ negligence caused the accident. Specifically, plaintiff alleges that defendants’ train

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exceeded the speed limit and that defendants failed to maintain vegetation and signs near the

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train tracks.

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The court concludes that it has subject matter jurisdiction and that the complaint is

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appropriate for service by the United States Marshal without pre-payment of costs. If plaintiff

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desires service of process by the United States Marshal without pre-payment of costs, plaintiff

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must comply with the requirements outlined below. Plaintiff is warned that failure to comply

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with this order, or otherwise effect service pursuant to Federal Rule of Civil Procedure 4, may

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result in dismissal of the action for lack of prosecution and failure to comply with court rules and

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orders. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s request for leave to proceed in forma pauperis (Doc. 2) is

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The Clerk of the Court shall issue a summons in a civil case, the

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granted;

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undersigned’s new case documents, and an order setting this matter for an initial scheduling

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conference;

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3.

The Clerk of the Court shall send plaintiff the summons, two USM-285

forms, and a copy of the complaint;
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Within 15 days from the date of this order, plaintiff shall complete the

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summons by indicating the addresses of the named defendants and shall submit to the United

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States Marshal at the address indicated below the following documents:

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a.

The completed summons;

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b.

One completed USM-285 form for each named defendant;

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c.

Three copies of the complaint; and

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d.

Two copies of the court’s initial scheduling conference order

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issued herewith;

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5.

Within 20 days of the date of this order, plaintiff shall file a notice

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indicating that the documents described above have been submitted to the United States Marshal,

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or a notice that plaintiff intends to serve the summons and complaint without assistance from the

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United States Marshal;

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6.

If plaintiff seeks the assistance of the United States Marshal, the United

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States Marshal is directed to serve all process without pre-payment of costs not later than 60 days

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from the date of this order, such service of process to be completed by serving a copy of the

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summons, complaint, and initial scheduling conference order on the defendants at the addresses

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provided by plaintiff; and

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The Clerk of the Court is directed to serve a copy of this order on the

United States Marshal at 501 “I” Street, Sacramento, CA, 95814.

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DATED: August 8, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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