Richardson v. Sessions et al

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 09/13/17 GRANTING the 2 Motion to Proceed IFP; and ORDERING that service is appropriate for Jefferson Sessions and Xavier Becerra; Clerk to issue process and send plaintiff 1 USM-285 form for each defendant, 1 summons, copy of complaint and a consent form. 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. USM is directed to serve process within 90 days. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL RICHARDSON,

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No. 2:17-cv-01838 JAM AC (PS)

Plaintiff,
v.

ORDER

JEFFERSON SESSIONS, in his official
capacity, and XAVIER BECERRA, in his
official capacity,
Defendants.

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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).

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Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma

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pauperis (“IFP”). Plaintiff has submitted the affidavit required by Section 1915(a) showing that

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plaintiff is unable to prepay fees and costs or give security for them. ECF No. 2. Accordingly,

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the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a).

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I. SCREENING
Granting IFP status does not end the court’s inquiry, however. The federal IFP statute

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requires federal courts to dismiss a case if the action is legally “frivolous or malicious,” fails to

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state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is

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immune from such relief. 28 U.S.C. § 1915(e)(2). The court finds that, for screening purposes
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only, plaintiff’s claims are sufficiently cognizable.

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II. CONCLUSION

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For the reasons stated above, IT IS HEREBY ORDERED that:

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1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 2), is GRANTED.

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2. Service is appropriate for the following defendants:

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o Jefferson Sessions

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o Xavier Becerra

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

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to serve within ninety days of the date of this order, all process pursuant to Federal Rule of Civil

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Procedure 4, without prepayment of costs.
4. The Clerk of the Court shall send plaintiff the above: one USM-285, one summons, a
copy of the complaint, and an appropriate form for consent to trial by a magistrate judge.

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5. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order

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

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a 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, for each defendant in

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¶ 3, above, at least:

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a. One completed summons;

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b. One completed USM-285 form;

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c. One copy of the endorsed filed complaint, with an extra copy for the U.S.

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Marshal;

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d. One copy of the instant order; and

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e. An appropriate form for consent to trial by a magistrate judge.

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6. In the event the U.S. Marshal is unable, for any reason whatsoever, to effect service on

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

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

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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. [phone].
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8. Failure to comply with this order may result in a recommendation that this action be
dismissed.

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IT IS SO ORDERED.

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DATED: September 13, 2017

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL RICHARDSON,

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No. 2:17-cv-01838 JAM AC (PS)

Plaintiff,
v.

NOTICE OF SUBMISSION

JEFFERSON SESSIONS, in his official
capacity, and XAVIER BECERRA, in his
official capacity,

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Defendants.

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Plaintiff has submitted the following documents to the U.S. Marshal, in compliance with
the court’s order filed _____________________:

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completed summons form

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completed USM-285 form

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copy of the complaint

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completed form to consent or decline to consent to magistrate judge jurisdiction

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____________________________________
Date

____________________________________
Plaintiff’s Signature

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