Ransom v. Brown et al

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/14/17 ORDERING that Plaintiff's MOTION to Proceed in Forma Pauperis 2 is GRANTED. Service on the named defendants is appropriate. The Clerk of the Court is directed to issue forthwith, and the USM is directed to serve within ninety days of the date of this order, all process pursuant to FRCP 4, including a copy of this court's status order, without prepayment of costs; The Clerk of the Court shall send Plaintiff one USM-2 85 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 courts status order. Plaintiff is directed to supply the USM, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the USM.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLINTON RANSOM,

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Plaintiff,

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No. 2:17-cv-01439 MCE GGH

v.

ORDER

LARRY BROWN, et al.,

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Defendants.

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Plaintiff, proceeding in this action pro se, has requested leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. The Court has reviewed the affidavit

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submitted by plaintiff and finds that he lacks the resources to pay the fees and costs associated

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with this action and will therefore grant the Motion.

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As a result of the foregoing it IT IS HEREBY ORDERED that:

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1.

Plaintiff’s Motion to Proceed In Forma Pauperis is GRANTED;

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.2.

Service on the named defendants is appropriate;

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3.

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

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directed to serve within ninety days of the date of this order, all process pursuant to Fed. R. Civ.

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P. 4, including a copy of this court’s status order, without prepayment of costs;

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4. 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
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magistrate judge, and this court’s status order;

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5.

Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date this

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order is filed, all information needed by the Marshal to effect service of process, and shall file a

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statement with the court that said documents have been submitted to the United States Marshal.

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The court anticipates that, to effect service, the U.S. Marshal will require at least:

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a.

One completed summons for each defendant;

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b.

One completed USM-285 form for each defendant;

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c.

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

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copy for the U.S. Marshal;

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d.

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

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e.

One copy of the instant order for each defendant.

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6.

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

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service on any defendant within 90 days from the date of this order, the Marshal is directed to

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report that fact, and the reasons for it, to the undersigned.

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7.

If a defendant waives service, the defendant is required to return the signed waiver

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to the United States Marshal. If the Marshal has already attempted personal service, the filing of

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an answer or a responsive motion will not relieve a defendant from the potential obligation to pay

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the costs of service pursuant to Federal Rule of Civil Procedure 4(d)(2).

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8. 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].

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9. Plaintiff’s failure to comply with this order may result in a recommendation that this

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action be dismissed pursuant to Federal Rule of Civil Procedure 41(b) and Local Rules 110 and

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183(a).

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Dated: July 24, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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