Ransom v. Sacramento Housing Redeveloping Agency et al

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 7/10/2017 GRANTING 2 Motion to Proceed IFP and DIRECTING the Clerk to issue forthwith. SERVICE IS APPROPRIATE for defendants: Sacramento Housing Redeveloping Agency, Theresa Chistobal, Cendy Rbjos, Volunteers of America and Gretchen Angele. Plaintiff is DIRECTED to supply the USM with the necessary forms within 15 days from the date of this order and the USM shall service process within 90 days of the date of this order. (Donati, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLINTON RANSOM, 12 13 14 15 16 No. 2:17-cv-01366 TLN AC (PS) Plaintiff, v. ORDER SACRAMENTO HOUSING REDEVELOPING AGENCY; et al., Defendants. 17 18 19 Plaintiff is proceeding in this action pro se, and the action was accordingly referred to the undersigned for pretrial proceedings by E.D. Cal. R. (“Local Rule”) 302(c)(21). 20 Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma 21 pauperis (“IFP”). Plaintiff has submitted the affidavit required by Section 1915(a) showing that 22 plaintiff is unable to prepay fees and costs or give security for them. ECF No. 2. Accordingly, 23 the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). 24 25 I. SCREENING Granting IFP status does not end the court’s inquiry, however. The federal IFP statute 26 requires federal courts to dismiss a case if the action is legally “frivolous or malicious,” fails to 27 state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is 28 immune from such relief. 28 U.S.C. § 1915(e)(2). 1 1 For screening purposes, the complaint appears to state a cognizable claim for relief under 2 The Americans with Disabilities Act and comparable state laws. If the allegations of the 3 complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. 4 II. CONCLUSION 5 For the reasons stated above, IT IS HEREBY ORDERED that: 6 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 2), is GRANTED. 7 2. Service is appropriate for the following defendants: 8 o Sacramento Housing Redeveloping Agency 9 o Theresa Christobal 10 o Cendy Rbjos 11 o Volunteers of America 12 o Gretchen Angele 13 3. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed 14 to serve within ninety days of the date of this order, all process pursuant to Federal Rule of Civil 15 Procedure 4, without prepayment of costs. 16 17 4. The Clerk of the Court shall send plaintiff one USM-285, one summons, a copy of the complaint, and an appropriate form for consent to trial by a magistrate judge. 18 5. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order 19 is filed, all information needed by the Marshal to effect service of process, and shall promptly file 20 a statement with the court that said documents have been submitted to the United States Marshal. 21 The court anticipates that, to effect service, the U.S. Marshal will require, for each defendant in 22 ¶ 3, above, at least: 23 a. One completed summons; 24 b. One completed USM-285 form; 25 c. One copy of the endorsed filed complaint, with an extra copy for the U.S. 26 Marshal; 27 d. One copy of the instant order; and 28 e. An appropriate form for consent to trial by a magistrate judge. 2 1 6. In the event the U.S. Marshal is unable, for any reason whatsoever, to effect service on 2 any defendant within 90 days from the date of this order, the Marshal is directed to report that 3 fact, and the reasons for it, to the undersigned. 4 5 6 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. (916) 930-2030. 8. Failure to comply with this order may result in a recommendation that this action be 7 dismissed. 8 DATED: July 10, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLINTON RANSOM, 12 13 14 15 Plaintiff, v. 18 19 20 21 22 23 24 25 NOTICE OF SUBMISSION SACRAMENTO HOUSING REDEVELOPMENT AGENCY, et al., Defendants. 16 17 No. 2:17-cv-1366 TLN AC (PS) Plaintiff has submitted the following documents to the U.S. Marshal, in compliance with the court’s order filed _____________________: ____ completed summons form ____ completed USM-285 form ____ copy of the complaint ____ completed form to consent or decline to consent to magistrate judge jurisdiction ____________________________________ Date ____________________________________ Plaintiff’s Signature 26 27 28 1

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