Che v. FR Westgate Mall LLC

Filing 7

ORDER OF SERVICE. Signed by Judge Nathanael Cousins on 1/29/2016. (lmh, COURT STAFF) (Filed on 1/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NGOC LAM CHE,
Plaintiff,

United States District Court
Northern District of California

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Case No.16-cv-00482-NC
ORDER OF SERVICE

v.
FR WESTGATE MALL LLC,
Defendant.

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

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plaintiff proceeding in forma pauperis to ensure the complaint is not frivolous, states a

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claim, and does not seek monetary relief against a defendant who is immune from such

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relief. 28 U.S.C. § 1915(e)(2). Pro se pleadings must be liberally construed. Balistreri v.

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Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). Upon review of Ngoc Lam

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Che’s allegations, the Court finds that, liberally construed, Ngoc Lam Che has stated a

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claim that is not frivolous, states a federal claim, and does not seek relief against an

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immune defendant.

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IT IS SO ORDERED.

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Dated: January 29, 2016

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Case No.16-cv-00482-NC

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NGOC LAM CHE,

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Case No. 16-cv-00482-NC

Plaintiff,
v.

CONSENT OR DECLINATION TO
MAGISTRATE JUDGE
JURISDICTION

FR WESTGATE MALL LLC,

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Defendant.

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United States District Court
Northern District of California

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INSTRUCTIONS: Please indicate below by checking one of the two boxes whether
you (if you are the party) or the party you represent (if you are an attorney in the case)
choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form
below your selection.
( ) Consent to Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to
have a United States magistrate judge conduct all further proceedings in this case,
including trial and entry of final judgment. I understand that appeal from the judgment
shall be taken directly to the United States Court of Appeals for the Ninth Circuit.
OR

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( ) Decline Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United
States magistrate judge conduct all further proceedings in this case and I hereby request
that this case be reassigned to a United States district judge.
DATE:

NAME:
COUNSEL FOR:
(OR “PRO SE:)

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__________________________________
Signature

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Case No.16-cv-00482-NC

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