Elliott v. The Department of Veterens Affairs

Filing 8

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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