Pringle v. Gentry et al

Filing 3

ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Allison Claire on 10/30/17: 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. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal. (Kaminski, H)

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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 PAMELA DENISE PRINGLE, 12 13 14 15 16 No. 2:17-cv-02206 GEB AC (PS) Plaintiff, v. ORDER AMANDA GENTRY, in her official capacity, 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). The court finds that, for screening purposes 1 1 only, plaintiff’s claims are sufficiently cognizable. 2 II. CONCLUSION 3 For the reasons stated above, IT IS HEREBY ORDERED that: 4 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 2), is GRANTED. 5 2. Service is appropriate for the following defendants: 6 o Amanda Gentry 7 o Cindy McDonald 8 o Shannon Cluney 9 o Noel Barlow-Hust 10 o Sandy Jones 11 o Judy Mesick 12 o Mark Alan Kubinski 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 the above: 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 8 9 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 dismissed. IT IS SO ORDERED. DATED: October 30, 2017 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 PAMELA DENISE PRINGLE, 12 13 14 15 No. 2:17-cv-2206 GEB AC (PS) Plaintiff, v. NOTICE OF SUBMISSION AMANDA GENTRY, in her official capacity, et al.,, Defendants. 16 17 Plaintiff has submitted the following documents to the U.S. Marshal, in compliance with 18 the court’s order filed _____________________: 19 ____ completed summons form ____ completed USM-285 form ____ copy of the complaint ____ completed form to consent or decline to consent to magistrate judge jurisdiction 20 21 22 23 24 25 ____________________________________ Date ____________________________________ Plaintiff’s Signature 26 27 28 1

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