Elliott v. The Department of Veterens Affairs
Filing
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ORDER DIRECTING CLERK TO ISSUE SUMMONS. Signed by Judge Richard Seeborg on 5/7/14. (cl, COURT STAFF) (Filed on 5/7/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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For the Northern District of California
United States District Court
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VANCE S. ELLIOT,
Plaintiff,
v.
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No. C 14-80009 RS
ORDER DIRECTING CLERK TO
ISSUE SUMMONS
THE DEPARTMENT OF VETERANS
AFFAIRS,
Defendant.
____________________________________/
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Pro se plaintiff Vance Elliot filed a complaint in January 2014 alleging slander against the
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Department of Veterans affairs. In an order issued January 27, 2014, Elliot’s request to proceed in
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forma pauperis was denied because his complaint was largely illegible. (ECF No. 3). Plaintiff then
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lodged an amended complaint on February 4, 2014. (ECF No. 4). In an order issued April 2, 2014,
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(ECF No. 4), Elliot’s first amended complaint was dismissed because he failed to plead facts
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indicating that he exhausted his administrative remedies as required by the Federal Tort Claims Act
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(FTCA). See 28 U.S.C. § 2675(a). The same order granted his request to proceed in forma
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pauperis.
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Elliot has since lodged two additional amended complaints—one on April 16, 2014 (ECF
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No. 6) and another on April 24, 2014 (ECF No. 7). Although it is far from clear that either
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complaint states a cognizable claim, it is appropriate that service be effected and defendant be given
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the opportunity to respond. In light of the prior grant of Elliot’s request to proceed in forma
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pauperis, the Clerk is hereby ordered to issue summons. It is further ordered that the U.S. Marshal
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for the Northern District of California serve, without prepayment of fees, a copy of the complaint,
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any amendments, scheduling orders, attachments, plaintiff’s affidavit and this order upon the
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defendant.
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IT IS SO ORDERED.
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Dated: 5/7/14
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:
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Vance S. Elliott
640 Eddy Street, #219
San Francisco, CA 94109
DATED: 5/7/14
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/s/ Chambers Staff
Chambers of Judge Richard Seeborg
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