Rodriguez v. Reinhardt et al

Filing 9

ORDER FOR SERVICE OF PROCESS. Signed by Judge Jon S. Tigar on January 29, 2014. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 1/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PEDRO RODRIGUEZ,

Case No. 13-cv-05403-JST

Plaintiff,
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v.

ORDER FOR SERVICE OF PROCESS

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JESSICA REINHARDT, et al.,
Defendants.

United States District Court
Northern District of California

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On November 20, 2013, Plaintiff, a California prisoner then incarcerated at Devil's Garden

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Conservation Camp and proceeding pro se, filed the above-titled tort action. Plaintiff has since

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informed the Court that he has been released from prison and is residing in Redwood City,

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California. Plaintiff has been granted leave to proceed in forma pauperis, pursuant to 28 U.S.C.

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§ 1915, in a separate order.

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Under 28 U.S.C. § 1915, notwithstanding any filing fee or any portion thereof that may

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have been paid, "the court shall dismiss the case at any time if the court determines that . . . the

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action or appeal . . . is frivolous or malicious, [or] fails to state a claim upon which relief may be

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granted, [or] seeks monetary relief against a defendant who is immune from such relief." 28

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U.S.C. § 1915(e)(2)(B). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica

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Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).

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In his complaint, Plaintiff alleges that defendant T-Mobile Law Enforcement Relations

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Group, through its custodian of records defendant Jessica Reinhardt, released false phone records

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associated with Plaintiff's prepaid T-Mobile phone account. Plaintiff alleges that the false records

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were used to secure an indictment and ultimately a conviction against Plaintiff. Plaintiff invokes

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this court’s diversity jurisdiction pursuant to 28 U.S.C. § 1332. The Court cannot say at this

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juncture that there are no grounds by which Plaintiff may be entitled to relief. The action may

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move forward.
An indigent plaintiff with an arguable claim is entitled to issuance and service of process.

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See 28 U.S.C. § 1915(d). Accordingly, in order to expedite the resolution of this case:
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The Clerk shall issue summons and the United States Marshal shall serve, without

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prepayment of fees, the summons, a copy of the complaint (Dkt. No. 1), and a copy of this order

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upon defendants T-Mobile Law Enforcement Relations Group and Jessica Reinhardt at 4

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Sylvan Way, Parsippany, NJ 07054.1
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Pursuant to Federal Rule of Civil Procedure 12, each defendant must file an answer

within twenty-one (21) days of being served with process.

United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: January 29, 2014
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JON S. TIGAR
United States District Judge

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This is the address provided by Plaintiff in his complaint.
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