Green v. City and County of San Francisco et al

Filing 6

ORDER screening 1 Complaint filed by Morris Green, Jr.; Directing Service. Signed by Judge Maria-Elena James on 2/23/2017. (mejlc3, COURT STAFF) (Filed on 2/23/2017) (Additional attachment(s) added on 2/23/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MORRIS GREEN,

Case No. 17-cv-00607-MEJ

Plaintiff,
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ORDER SCREENING COMPLAINT

v.
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United States District Court
Northern District of California

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CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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On February 6, 2017, Plaintiff Morris Green filed a Complaint and an Application to

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Proceed In Forma Pauperis. Compl., Dkt. No. 1; Appl., Dkt. No. 3. The Court granted the

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Application to Proceed In Forma Pauperis, and explained it would determine issuance of summons

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and service separately. See Dkt. No. 5. The Court does so now.

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A federal court must engage in a preliminary screening of any complaint filed by a plaintiff

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proceeding in forma pauperis to ensure the complaint is not frivolous, states a claim, and does not

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seek monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).

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Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696,

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699 (9th Cir. 1990). The Complaint for employment discrimination describes facts supporting

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Plaintiff’s federal claims for race discrimination under Title VII of the Civil Rights Act of 1964

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and disability discrimination under the Americans with Disabilities Act of 1990. See Compl.

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Plaintiff attaches to the Complaint a Right to Sue Notice from the Equal Employment Opportunity

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Commission. Upon review of Plaintiff’s allegations, the Court finds that, liberally construed,

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Plaintiff has stated a claim that is not frivolous, states a federal claim, and does not seek relief

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against an immune defendant.

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The Clerk of Court shall issue the summons, and the U.S. Marshal for the Northern District

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

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attachments, Plaintiff’s affidavit, and this order upon Defendant(s).

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Also attached is a letter providing guidance to additional resources the Court provides pro
se litigants.
IT IS SO ORDERED.

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Dated: February 23, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
450 Golden Gate Avenue
San Francisco, CA 94102

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www.cand.uscourts.gov

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SUSAN Y. SOONG
CLERK OF COURT

To:
Re:

GENERAL COURT NUMBER
415-522-2000

Pro Se Litigant
Representing Yourself Before This Court

Dear Pro Se Litigant:
If you are representing yourself in federal court without representation by an attorney,
that is called proceeding “pro se.” The Court has free resources to help you find your way

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United States District Court
Northern District of California

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through the court system and procedures. You may wish to seek assistance from the Legal Help

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Center, a free service of the Volunteer Legal Services Program, by calling 415-782-8982, or by

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signing up for an appointment on the15th Floor of the Federal Courthouse in San Francisco, 450

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Golden Gate Avenue, San Francisco, California. At the Legal Help Center, you will be able to

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speak with an attorney who may be able to provide basic legal help but not representation.

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More information is available at http://cand.uscourts.gov/helpcentersf.

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There are also online resources available on the court’s webpage. The Pro Se

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Handbook, found at http://www.cand.uscourts.gov/prosehandbook, has a downloadable version

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of the court’s own publication: Representing Yourself in Federal Court: A Handbook for Pro

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Se Litigants. Pay special attention to the Civil Litigation Packets tab on the left, which

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provides useful fillable forms. The Pro Se Handbook website also has a link to the Court’s

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Electronic Case Filing (ECF) website.

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Susan Y. Soong
Clerk, United States District Court

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