Battle-El v. Department of Veteran's Affairs Debt Management Center

Filing 3

ORDER Granting 2 Motion for Leave to Proceed in forma pauperis and Directing U.S. Marshal to Effect Service of Process. Signed by Judge M. James Lorenz on 12/21/2007. (IFP Packet sent) (mjj)

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Battle-El v. Department of Veteran's Affairs Debt Management Center Doc. 3 Case 3:07-cv-02376-L-JMA Document 3 Filed 12/21/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 KARAL HASANI EFIA BATTLE-EL, 12 13 v. 14 DEPARTMENT OF VETERANS AFFAIRS, 15 Defendant. 16 17 Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Civil No. 07cv2376-L(JMA) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS [doc. #2] and DIRECTING U.S. MARSHAL TO EFFECT SERVICE OF PROCESS UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, appearing without counsel, has submitted a civil complaint against the 18 Department of Veterans Affairs and has also filed an application to proceed in forma pauperis 19 under 28 U.S.C. § 1915. 20 Plaintiff is currently unemployed and has been unemployed since January 24, 2007, 21 receives no money from other sources, and does not have a checking or savings account. The 22 only asset plaintiff has of value is a 1993 Chevy station wagon. Plaintiff states that his 23 "daughter's mother . . . is helping hold down the fort whil[e] I seek redress in the Courts." 24 (Motion and Declaration at 2). Given these circumstances, the Court grants plaintiff's request to 25 proceed in forma pauperis. 26 27 28 The Court hereby orders as follows: (1) The request to proceed in forma pauperis is GRANTED. (2) The United States Marshal shall serve a copy of the complaint, summons, and order 07cv2376 Dockets.Justia.com Case 3:07-cv-02376-L-JMA Document 3 Filed 12/21/2007 Page 2 of 2 1 granting leave to proceed in forma pauperis upon defendant1 as directed by plaintiff on U.S. 2 Marshal Form 285. All costs of service shall be advanced by the United States. 3 (3) Plaintiff shall serve upon defendant or, if appearance has been entered by counsel, 4 upon defendant's counsel, a copy of every further pleading or document submitted for 5 consideration by the Court. Plaintiff shall include with the original paper to be filed with the 6 clerk of the court a certificate stating the manner in which a true and correct copy of any 7 document was served on defendant or counsel for defendant and the date of service. Any paper 8 received by a district judge or a magistrate judge that has not been filed with the Clerk of the 9 Court or which fails to include a certificate of service will be disregarded by the Court. 10 IT IS SO ORDERED. 11 DATED: December 21, 2007 12 13 14 COPY TO: 15 HON. JAN M. ADLER UNITED STATES MAGISTRATE JUDGE 16 17 ALL PARTIES/COUNSEL 18 19 20 21 22 23 24 25 26 27 Plaintiff's attention is directed to Federal Rule of Civil Procedure 4(i) which concerns service of process on the United States and its Agencies, Corporations, Officers or 28 Employees.4 2 07cv2376 1 M. James Lorenz United States District Court Judge

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