(PS) Ward v. Upshaw et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 10/23/2024 ORDERING service of the 5 First Amended Complaint is appropriate for the following defendants: Redding Police Department, Officer Alexandria Dahnke, Officer Byron Upshaw, Officer Wesl ey James Townsley, Officer Jacob Guterdig, and Officer Chase Webber Arnold. The Clerk shall issue forthwith, and the U.S. Marshal is directed to serve within 90 days, all pursuant to Fed.R.Civ.P. 4, without prepayment of costs. The Clerk shall send plaintiff forms for service. Within 15 days, plaintiff shall supply the USM all information needed by the Marshal to effect service of process and shall promptly file a statement with the court that said documents have been submitted to the USM. (cc: USM) (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL M. WARD,
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No. 2:24-cv-0978 TLN AC PS
Plaintiff,
v.
ORDER
REDDING POLICE DEPARTMENT, et
al.,
Defendants.
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Plaintiff is proceeding in this action pro se, and the action was accordingly referred to the
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undersigned for pretrial proceedings by E.D. Cal. R. (“Local Rule”) 302(c)(21). Plaintiff
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previously requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis (“IFP”)
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and submitted the required affidavit, and that motion was granted. ECF Nos. 2, 3. The initial
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complaint was screened as required by 28 U.S.C. § 1915(e)(2) and fund unsuitable for service;
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plaintiff was given leave to file a First Amended Complaint. ECF No. 3. Plaintiff has now filed a
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First Amended Complaint. ECF No. 5.
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The federal IFP statute requires federal courts to dismiss a case if the action is legally
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“frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks
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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). The
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court finds, for screening purposes only, that plaintiff’s claims are sufficiently cognizable.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Service of the First Amended Complaint (ECF No. 5) is appropriate for the following
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defendants:
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o Redding Police Department
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o Officer Alexandria Dahnke
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o Officer Byron Upshaw
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o Officer Wesley James Townsley
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o Officer Jacob Guterdig
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o Officer Chase Webber Arnold
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2. 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.
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3. 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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4. 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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¶ 2, 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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5. 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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6. 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.
7. Failure to comply with this order may result in a recommendation that this action be
dismissed.
IT IS SO ORDERED.
DATED: October 23, 2024
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL WARD,
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Plaintiff,
v.
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NOTICE OF SUBMISSION
REDDING POLICE DEPARTMENT, et
al.,
Defendants.
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No. 2:24-cv-00978 TLN AC (PS)
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
____ copy of the complaint
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completed form to consent or decline to consent to magistrate judge jurisdiction
____________________________________
Date
____________________________________
Plaintiff’s Signature
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