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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CRAIG GARRETT MILLER, 12 13 14 No. 2:17-CV-1273-TLN-CMK Plaintiff, vs. ORDER NATIONAL RAILROAD PASSENGER CORP., et al., 15 Defendants. 16 17 18 / Plaintiff, who is proceeding pro se, brings this civil action. Pending before the 19 court is plaintiff’s request for leave to proceed in forma pauperis (Doc. 2). Plaintiff has 20 submitted the affidavit required by 28 U.S.C. § 1915(a) showing that plaintiff is unable to prepay 21 fees and costs or give security therefor. Plaintiff’s request will be granted. 22 The court is required to screen complaints brought by prisoners seeking relief 23 against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 24 § 1915A(a). The court is also required to screen complaints brought by litigants who have been 25 granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). Under these screening 26 provisions, the court must dismiss a complaint or portion thereof if it: (1) is frivolous or 1 1 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 2 from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(A), (B) and 3 1915A(b)(1), (2). Moreover, pursuant to Federal Rule of Civil Procedure 12(h)(3), this court 4 must dismiss an action if the court determines that it lacks subject matter jurisdiction. Because 5 plaintiff, who is not a prisoner, has been granted leave to proceed in forma pauperis, the court 6 will screen the complaint pursuant to § 1915(e)(2). Pursuant to Rule 12(h), the court will also 7 consider as a threshold matter whether it has subject-matter jurisdiction. 8 9 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, 10 defendants’ negligence caused the accident. Specifically, plaintiff alleges that defendants’ train 11 exceeded the speed limit and that defendants failed to maintain vegetation and signs near the 12 train tracks. 13 The court concludes that it has subject matter jurisdiction and that the complaint is 14 appropriate for service by the United States Marshal without pre-payment of costs. If plaintiff 15 desires service of process by the United States Marshal without pre-payment of costs, plaintiff 16 must comply with the requirements outlined below. Plaintiff is warned that failure to comply 17 with this order, or otherwise effect service pursuant to Federal Rule of Civil Procedure 4, may 18 result in dismissal of the action for lack of prosecution and failure to comply with court rules and 19 orders. See Local Rule 110. 20 Accordingly, IT IS HEREBY ORDERED that: 21 1. Plaintiff’s request for leave to proceed in forma pauperis (Doc. 2) is 2. The Clerk of the Court shall issue a summons in a civil case, the 22 granted; 23 24 undersigned’s new case documents, and an order setting this matter for an initial scheduling 25 conference; 26 /// 2 1 2 3 3. The Clerk of the Court shall send plaintiff the summons, two USM-285 forms, and a copy of the complaint; 4. Within 15 days from the date of this order, plaintiff shall complete the 4 summons by indicating the addresses of the named defendants and shall submit to the United 5 States Marshal at the address indicated below the following documents: 6 a. The completed summons; 7 b. One completed USM-285 form for each named defendant; 8 c. Three copies of the complaint; and 9 d. Two copies of the court’s initial scheduling conference order 10 issued herewith; 11 5. Within 20 days of the date of this order, plaintiff shall file a notice 12 indicating that the documents described above have been submitted to the United States Marshal, 13 or a notice that plaintiff intends to serve the summons and complaint without assistance from the 14 United States Marshal; 15 6. If plaintiff seeks the assistance of the United States Marshal, the United 16 States Marshal is directed to serve all process without pre-payment of costs not later than 60 days 17 from the date of this order, such service of process to be completed by serving a copy of the 18 summons, complaint, and initial scheduling conference order on the defendants at the addresses 19 provided by plaintiff; and 20 21 7. 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. 22 23 24 25 DATED: August 8, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 26 3

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