Prettyman v. City of San Diego Police Department et al

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Court hereby ordered that the Clerk shall file the Complaint without prepayment of the filing fee, and the CLerk shall issue a summons for Defendants City of San Diego Police Department and Christopher Luth, and forward it to Plaintiff. Signed by Judge Michael M. Anello on 5/17/2011. (All non-registered users served via U.S. Mail Service)(leh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KENNETH PRETTYMAN,

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CASE NO. 11cv195 MMA (RBB)
Plaintiff,

ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

vs.
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[Doc. No. 2]

CITY OF SAN DIEGO POLICE DEPT., et
al.,

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Defendants.

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On January 31, 2011, Plaintiff Kenneth Prettyman filed a Complaint against the City of

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San Diego and Christopher Luth, alleging, inter alia, constitutional violations in connection with

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allegations of false arrest and imprisonment. [Doc. No. 1.] Presently before the Court is

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Plaintiff’s Motion for Leave to Proceed in forma pauperis (“IFP”). [Doc. No. 2.] All parties

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instituting any civil action, suit or proceeding in a district court of the United States, except an

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application for writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a). An

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action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is

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granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493

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F.3d 1047, 1051 (9th Cir. 2007).

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The Court has reviewed Plaintiff's affidavit of assets and finds the affidavit sufficiently

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shows that he is unable to pay the fees or post securities required to maintain this action. Plaintiff

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attests he only receives income from disability or worker’s compensation payments, and does not

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11-CV-195 MMA (RBB)

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have any other checking, savings, money market or CD accounts. Therefore, the Court GRANTS

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Plaintiff’s motion, and further finds that Plaintiff’s Complaint is not subject to sua sponte

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dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B).

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Accordingly, the Court hereby ORDERS as follows:

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1. The Clerk of Court shall file the Complaint without prepayment of the filing fee.

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2. The Clerk shall issue a summons for Defendants City of San Diego Police Department

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and Christopher Luth, and forward it to Plaintiff.
3. Plaintiff shall serve upon Defendants or, if appearance has been entered by counsel,

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upon Defendants’ counsel, a copy of every pleading or other document submitted for consideration

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of the Court. Plaintiff shall include with the original paper to be filed with the Clerk of the Court a

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certificate stating the manner in which a true and correct copy of any document was served on

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Defendants or counsel of Defendants and the date of service. Any paper received by a district

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judge or magistrate judge which has not been filed with the Clerk or which fails to include a

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certificate of service will be disregarded by the Court.

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IT IS SO ORDERED.

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DATED: May 17, 2011
Hon. Michael M. Anello
United States District Judge

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11-CV-195 MMA (RBB)