Jones v. National Personnel Records Center

Filing 5

ORDER granting 4 Motion for Leave to Proceed in forma pauperis. The U.S. Marshall shall serve a copy of the Complaint and Summons. All costs of Service shall be advanced by the United States. Signed by Judge M. James Lorenz on 8/13/2007. (IFP packet mailed) (mjj) (mam).

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Jones v. National Personnel Records Center Doc. 5 Case 3:07-cv-01403-L-AJB Document 5 Filed 08/13/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RONNIE ALONZO JONES, vs. Plaintiff, CASE NO. 07cv1403-L (AJB) ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS NATIONAL PERSONNEL RECORDS CENTER Defendant. Plaintiff Ronnie Alonzo Jones filed an amended Motion and Declaration Under Penalty of Perjury in Support of Motion to Proceed in Forma Pauperis ("IFP Motion"). For the reasons which follow, Plaintiff's IFP Motion is GRANTED. All parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing fee. See 28 U.S.C. 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff's declaration shows his only source of income is a veterans' disability pension and he has minimal assets. His declaration is therefore sufficient to show he is unable to pay the filing fee. Plaintiff's motion to proceed IFP is granted. Accordingly, IT IS HEREBY ORDERED as follows: 1. Plaintiff's IFP Motion is GRANTED. -107cv1403 Dockets.Justia.com Case 3:07-cv-01403-L-AJB Document 5 Filed 08/13/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The United States Marshal shall serve a copy of the Complaint and summons upon Defendant as directed by Plaintiff on U.S. Marshal Form 285. All costs of service shall be advanced by the United States. See 28 U.S.C. 1915(d); Fed. R. Civ. P. 4(c)(2). 3. Plaintiff shall serve upon Defendant or, if appearance has been entered by counsel, upon Defendant's counsel, a copy of every further pleading or other document submitted for consideration of the court. Plaintiff shall include with the original paper to be filed with the Clerk of the Court a Certificate of Service stating the manner in which a true and correct copy of any document was served on Defendant, or counsel for Defendant, and the date of service. Any document received be the court which has not been filed with the Clerk or which fails to include a Certificate of Service will be disregarded. IT IS SO ORDERED. DATED: August 13, 2007 M. James Lorenz United States District Court Judge COPY TO: HON. ANTHONY J. BATTAGLIA UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL -2- 07cv1403

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