Gonzalez v. South Sioux City Police Department et al

Filing 10

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's request for summons forms is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSE E. GONZALEZ,
Plaintiff,
v.
SOUTH SIOUX CITY POLICE
DEPARTMENT, et al.,
Defendants.

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4:14CV3089

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s request for summons forms. (Filing
Nos. 8 and 9.) Plaintiff is proceeding in forma pauperis in this matter. The court is
required to review in forma pauperis complaints to determine whether summary
dismissal is appropriate. See 28 U.S.C. § 1915(e)(2). The court must dismiss a
complaint or any portion thereof that states a frivolous or malicious claim, that fails to
state a claim upon which relief may be granted, or that seeks monetary relief from a
defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). The court has
not completed its initial review of Plaintiff’s Complaint and this matter may not proceed
to service until it does so. If the court determines this matter may proceed to service, it
will send summons forms to Plaintiff and also extend the time in which Plaintiff has to
serve Defendants with process. The court will complete its initial review in its normal
course of business.
IT IS THEREFORE ORDERED that: Plaintiff’s request for summons forms is
denied.
DATED this 3rd day of November, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge