Martinez v. The City of Brisbane et al

Filing 5

ORDER OF SERVICE re 1 Complaint filed by Maria Theresa Martinez. Signed by Judge Maria-Elena James on 3/7/2017. (mejlc3, COURT STAFF) (Filed on 3/7/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIA THERESA MARTINEZ,

Case No. 17-cv-01025-MEJ

Plaintiff,
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ORDER DIRECTING SERVICE

v.
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THE CITY OF BRISBANE, et al.,
Defendants.

United States District Court
Northern District of California

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On February 28, 2017, Plaintiff Maria Theresa Martinez (“Plaintiff”) filed a Complaint and

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an Application to Proceed In Forma Pauperis. Compl., Dkt. No. 1; Appl., Dkt. No. 3. The Court

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granted Plaintiff’s Application, and indicated it would screen the Complaint pursuant to 28 U.S.C.

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§ 1915(e)(2) in a separate order. See Order, Dkt. No. 4. The Court now screens the Complaint.

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

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construed, Plaintiff has asserted a claim that is not frivolous, states a federal claim, and does not

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seek relief against an immune defendant. The Clerk of Court shall issue the summons, and the

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U.S. Marshal for the Northern District of California shall serve, without prepayment of fees, a

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copy of the Complaint, any amendments or attachments, Plaintiff’s affidavit, and this Order upon

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Defendants.

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Attached is a letter providing guidance to additional resources for pro se litigants.

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IT IS SO ORDERED.

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Dated: March 7, 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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