Davis v. Amtrack - CSSC/Baggage Claims

Filing 19

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS; DIRECTING SERVICE (Illston, Susan) (Filed on 3/25/2013) (Additional attachment(s) added on 3/25/2013: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Nos. CV 12-03976
MICHAEL C. DAVIS,

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Plaintiff,
v.

United States District Court
For the Northern District of California

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AMTRACK,

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS;
DIRECTING SERVICE

Defendant.
___________________________________/

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On July 27, 2012, pro se plaintiff Michael C. Davis filed a complaint against “Amtrack” [sic]

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for property loss and an application to proceed in forma pauperis. On November 15, 2012, the Court

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granted plaintiff’s application but dismissed his complaint for failure to state a claim upon which relief

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could be granted, with leave to amend.

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Plaintiff filed an amended complaint on November 21, 2012. Plaintiff alleges that he is owed

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$8000 in damages because “Amtrack” [sic] lost his luggage and has not reimbursed him. He also alleges

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that he has made efforts to recover the luggage and fees. “Amtrak,” officially the National Railroad

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Passenger Corp., is a federally chartered corporation of which the United States owns more than 50

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percent of the capital stock, and therefore the court has original jurisdiction over some causes of action.

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28 U.S.C. § 1349; Rodriguez v. County of Stanislaus, 2008 WL 4765110, *8 (E.D. Cal. 2008).

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When a plaintiff proceeds in forma pauperis, a court shall sua sponte dismiss a case at any time

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if the court determines that the action fails to state a claim upon which relief may be granted. See 28

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U.S.C. § 1915(e)(2); Kunamneni v. Gutierrez, 2009 WL 909831, at *1 (N.D. Cal. 2009) (Hamilton, J.).

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The Court finds that plaintiff’s amended complaint contains facts sufficient to state a claim – at least

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as far as in forma pauperis application is concerned. The Court therefore GRANTS plaintiff’s

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application to proceed in forma pauperis. The Court may reconsider whether plaintiff has sufficiently
stated a claim

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for relief in light of any motion to dismiss brought by the defendant.

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IT IS ORDERED that the Clerk issue summons, and that the U.S. Marshal for the Northern

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District of California serve, without prepayment of fees, a copy of the complaint, any amendments,

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scheduling order, attachments and any other papers filed in this case, including this order, upon the

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defendant.

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IT IS SO ORDERED.

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Dated: March 25, 2013

United States District Court
For the Northern District of California

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SUSAN ILLSTON
United States District Judge

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