Cathey v. Brown

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/23/2018 GRANTING 2 Motion to Proceed in Forma Pauperis and DIRECTING the Clerk to issue forthwith all process. The USM shall serve process without prepayment of costs. The Clerk of Court shall serve a copy of this order on the USM. (York, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DESHAWN CATHEY,

12
13
14
15

No. 2:18-cv-00386-WBS-GGH

Plaintiff,
v.

ORDER

JODY BROWN, City of Vallejo. Police
Officer,
Defendant.

16
17
18

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

19

pauperis pursuant to 28 U.S.C. § 1915. An examination of plaintiff’s request and affidavit

20

demonstrates that he is unable to finance the fees and costs associated with this case and the court

21

will, therefor, GRANT his motion for in forma pauperis status.

22

Insofar as plaintiff may be entitled to relief if the claimed violation of constitutional rights

23

is proved, defendants will be ordered to file a response to the petition.

24

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

25

1.

Plaintiff Deshawn Cathey’s Motion to proceed in forma pauperis is GRANTED;

26

2.

Service on the named defendant is appropriate;

27

3.

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

28

directed to serve within ninety days of the date of this order, all process pursuant to Fed. R. Civ.
1

1

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

2

Order;

3

4.

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

4

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

5

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

6

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

7

a.

One completed summons for the defendant;

8

b.

One completed USM-285 form for the defendant;

9

c.

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

10

the U.S. Marshal;

11

d.

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

12

e.

One copy of the instant order for the defendant.

13

5.

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

14

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

15

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

16

6.

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

17

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

18

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

19

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

20
21

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].

22

8.

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

23

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

24

and 183(a).

25

9.

If the response to the complaint is a motion, plaintiff’s opposition or statement of

26

non-opposition shall be filed and served within thirty (30) days of the service of the motion or

27

fourteen (14) days before the date on which the motion is scheduled to be heard, whichever is

28

////
2

1
2
3
4

sooner, and defendant may Reply seven(7) days thereafter;
IT IS SO ORDERED.
Dated: February 23, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3