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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARIA THERESA MARTINEZ, Case No. 17-cv-01025-MEJ Plaintiff, 8 ORDER DIRECTING SERVICE v. 9 10 THE CITY OF BRISBANE, et al., Defendants. United States District Court Northern District of California 11 12 On February 28, 2017, Plaintiff Maria Theresa Martinez (“Plaintiff”) filed a Complaint and 13 an Application to Proceed In Forma Pauperis. Compl., Dkt. No. 1; Appl., Dkt. No. 3. The Court 14 granted Plaintiff’s Application, and indicated it would screen the Complaint pursuant to 28 U.S.C. 15 § 1915(e)(2) in a separate order. See Order, Dkt. No. 4. The Court now screens the Complaint. 16 A federal court must engage in a preliminary screening of any complaint filed by a plaintiff 17 proceeding in forma pauperis to ensure the complaint is not frivolous, states a claim, and does not 18 seek monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). 19 Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 20 699 (9th Cir. 1990). Upon review of Plaintiff’s allegations, the Court finds that, liberally 21 construed, Plaintiff has asserted a claim that is not frivolous, states a federal claim, and does not 22 seek relief against an immune defendant. The Clerk of Court shall issue the summons, and the 23 U.S. Marshal for the Northern District of California shall serve, without prepayment of fees, a 24 copy of the Complaint, any amendments or attachments, Plaintiff’s affidavit, and this Order upon 25 Defendants. 26 27 28 1 Attached is a letter providing guidance to additional resources for pro se litigants. 2 IT IS SO ORDERED. 3 4 5 6 Dated: March 7, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 450 Golden Gate Avenue San Francisco, CA 94102 3 1 4 5 6 7 8 9 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 11 United States District Court Northern District of California 10 through the court system and procedures. You may wish to seek assistance from the Legal Help 12 Center, a free service of the Volunteer Legal Services Program, by calling 415-782-8982, or by 13 signing up for an appointment on the15th Floor of the Federal Courthouse in San Francisco, 450 14 Golden Gate Avenue, San Francisco, California. At the Legal Help Center, you will be able to 15 speak with an attorney who may be able to provide basic legal help but not representation. 16 More information is available at 17 There are also online resources available on the court’s webpage. The Pro Se 18 Handbook, found at, has a downloadable version 19 of the court’s own publication: Representing Yourself in Federal Court: A Handbook for Pro 20 Se Litigants. Pay special attention to the Civil Litigation Packets tab on the left, which 21 provides useful fillable forms. The Pro Se Handbook website also has a link to the Court’s 22 Electronic Case Filing (ECF) website. 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 3

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