Galvan v. Nationstar Mortgage

Filing 26

ORDERED # 1 IFP Application is GRANTED. Clerk shall FILE the complaint. Henceforth P shall serve Ds a copy of every pleading submitted for consideration together with a certificate of service. Clerk shall ISSUE summons for Ds and deliver same to U SM for service. (Delivered to USM 10/22/2013.) Clerk shall SEND P copies of complaint and USM-285 forms for each D. ( Mailed to P 10/22/2013. ) P shall furnish USM forms and copies by 11/11/2013. P must file a notice re unserved Ds; and file a motion if P wshes to have service attempted on an unserved Ds. Signed by Magistrate Judge William G. Cobb on 10/22/2013. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GLENN GALVAN,
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Plaintiff,
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vs.
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NATIONSTAR MORTGAGE, et. al.
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Defendant.

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3:13-cv-00234-MMD-WGC
ORDER

Before the court is Plaintiff’s application to proceed in forma pauperis. (Doc. # 1.)1

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A person may be granted permission to proceed in forma pauperis if the person “submits an
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affidavit that includes a statement of all assets such [person] possesses [and] that the person is unable
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to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or
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appeal and affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1). “‘[T]he
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supporting affidavits [must] state the facts as to the affiant’s poverty with some particularity,
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definiteness, and certainty.’” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (per
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curiam) (citing Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960)). The litigant need not
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“be absolutely destitute to enjoy the benefits of the statute.” Adkins v. E.I. du Pont De Nemours & Co.,
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335 U.S. 331, 339 (1948).
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A review of Plaintiff’s financial affidavit reveals that he is unable to pay the filing fee.
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As a result, Plaintiff’s application to proceed in forma pauperis (Doc. # 1) is GRANTED.
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Refers to court’s docket number.

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CONCLUSION

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IT IS HEREBY ORDERED that:

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(1) Plaintiff’s application to proceed in forma pauperis (Doc. # 1) is GRANTED. The movant

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herein is permitted to maintain this action without the necessity of prepayment of fees or costs or the

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giving of security therefor. This order granting in forma pauperis status does not extend to the issuance

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of subpoenas at government expense.

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(2) The Clerk is instructed to FILE the complaint (Doc. #1-1);

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(3) Henceforth, plaintiff shall serve upon defendants or, if appearance has been entered by

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counsel, upon the attorney(s) a copy of every pleading, motion or other document submitted for

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consideration by the court. Plaintiff shall include with the original paper to be filed with the clerk of

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the court a certificate stating the date that a true and correct copy of the document was mailed to the

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defendants or counsel for defendants. The court may disregard any paper received by a District Judge

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or a Magistrate Judge which has not been filed with the clerk of the court, and any paper received by

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a District Judge, Magistrate Judge or Clerk of the Court which fails to include a certificate of service;

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(4) The Clerk shall ISSUE a summons to the defendants and deliver the same to the U.S.

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Marshal for service. The Clerk shall SEND Plaintiff sufficient copies of the complaint and service of

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process forms (USM-285) for each defendant. Plaintiff shall have twenty days in which to furnish the

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U.S. Marshal the required form USM-285 for each defendant. Within twenty days after receiving from

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the U.S. Marshal a copy of the USM-285 form showing whether service has been accomplished,

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Plaintiff must file a notice with the court identifying which defendants were served and which were not

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served, if any. If Plaintiff wishes to have service again attempted on any unserved defendant, then a

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motion must be filed identifying the unserved defendant(s) and specifying a more detailed name and/or

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address for said defendant, or whether some other manner of service should be attempted. Plaintiff is

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reminded that, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must be

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accomplished within one hundred twenty (120) days of the date of this order.

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DATED: October 22, 2013.

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___________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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