(PS)Jefferson-Henkel v. County of Solano et al

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 7/19/2021 GRANTING 2 Motion to Proceed IFP. Service is appropriate for the following defendants:County of Solano, City of Vacaville, Thomas A. Ferrara, Sheriff A. Miller, Deputy Sheriff Venus Azar, Medical Examiner. (cc: USM) (Mena-Sanchez, L)

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Case 2:21-cv-01197-MCE-AC Document 3 Filed 07/19/21 Page 1 of 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIM JEFFERSON-HENKEL, 12 13 14 15 No. 2:21-cv-01197 MCE AC PS Plaintiff, v. ORDER COUNTY OF SOLANO, et al., Defendants. 16 17 18 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). 19 Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma 20 pauperis (“IFP”). Plaintiff has submitted the affidavit required by Section 1915(a) showing that 21 plaintiff is unable to prepay fees and costs or give security for them. ECF No. 2. Accordingly, 22 the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). 23 I. SCREENING 24 Granting IFP status does not end the court’s inquiry. The federal IFP statute requires 25 federal courts to dismiss a case if the action is legally “frivolous or malicious,” fails to state a 26 claim upon which relief may be granted, or seeks monetary relief from a defendant who is 27 immune from such relief. 28 U.S.C. § 1915(e)(2). The court finds that, for screening purposes 28 only, plaintiff’s claims are sufficiently cognizable. 1 Case 2:21-cv-01197-MCE-AC Document 3 Filed 07/19/21 Page 2 of 4 1 II. CONCLUSION 2 For the reasons stated above, IT IS HEREBY ORDERED that: 3 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 2), is GRANTED. 4 2. Service is appropriate for the following defendants: 5 o County of Solano 6 o City of Vacaville 7 o Thomas A. Ferrara, Sheriff 8 o A. Miller, Deputy Sheriff 9 o Venus Azar, Medical Examiner 10 3. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed 11 to serve within ninety days of the date of this order, all process pursuant to Federal Rule of Civil 12 Procedure 4, without prepayment of costs. 13 14 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. 15 5. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order 16 is filed, all information needed by the Marshal to effect service of process, and shall promptly file 17 a statement with the court that said documents have been submitted to the United States Marshal. 18 The court anticipates that, to effect service, the U.S. Marshal will require, for each defendant in 19 ¶ 3, above, at least: 20 a. One completed summons; 21 b. One completed USM-285 form; 22 c. One copy of the endorsed filed complaint, with an extra copy for the U.S. 23 Marshal; 24 d. One copy of the instant order; and 25 e. An appropriate form for consent to trial by a magistrate judge. 26 6. In the event the U.S. Marshal is unable, for any reason whatsoever, to effect service on 27 any defendant within 90 days from the date of this order, the Marshal is directed to report that 28 fact, and the reasons for it, to the undersigned. 2 Case 2:21-cv-01197-MCE-AC Document 3 Filed 07/19/21 Page 3 of 4 1 2 3 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 dismissed. IT IS SO ORDERED. DATED: July 19, 2021 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case 2:21-cv-01197-MCE-AC Document 3 Filed 07/19/21 Page 4 of 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIM JEFFERSON-HENKEL, 12 13 14 No. 2:21-cv-1197 MCE AC (PS) Plaintiff, v. NOTICE OF SUBMISSION COUNTY OF SOLANO, et al., 15 Defendants. 16 17 18 Plaintiff has submitted the following documents to the U.S. Marshal, in compliance with the court’s order filed _____________________: 19 ____ completed summons form 20 ____ completed USM-285 form 21 ____ copy of the complaint 22 ____ completed form to consent or decline to consent to magistrate judge jurisdiction 23 24 ____________________________________ Date ____________________________________ Plaintiff’s Signature 25 26 27 28 1

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