Filed: Oct. 09, 2018
Latest Update: Oct. 09, 2018
Summary: ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 5) ORDER DIRECTING PLAINTIFF TO FILE USM-285 FORMS RESPONSE REQUIRED WITHIN THIRTY (30) DAYS ERICA P. GROSJEAN , Magistrate Judge . On September 6, 2018, Jennifer Mello ("Plaintiff"), through counsel, commenced this action by filing a Complaint against County of Kern and Kern County Sheriff Donny Youngblood ("Defendants"). (ECF No. 1.) Plaintiff also filed an application to proceed in forma pauperis pursuant to 28 U.S.C.
Summary: ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 5) ORDER DIRECTING PLAINTIFF TO FILE USM-285 FORMS RESPONSE REQUIRED WITHIN THIRTY (30) DAYS ERICA P. GROSJEAN , Magistrate Judge . On September 6, 2018, Jennifer Mello ("Plaintiff"), through counsel, commenced this action by filing a Complaint against County of Kern and Kern County Sheriff Donny Youngblood ("Defendants"). (ECF No. 1.) Plaintiff also filed an application to proceed in forma pauperis pursuant to 28 U.S.C. 1..
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ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 5) ORDER DIRECTING PLAINTIFF TO FILE USM-285 FORMS RESPONSE REQUIRED WITHIN THIRTY (30) DAYS
ERICA P. GROSJEAN, Magistrate Judge.
On September 6, 2018, Jennifer Mello ("Plaintiff"), through counsel, commenced this action by filing a Complaint against County of Kern and Kern County Sheriff Donny Youngblood ("Defendants"). (ECF No. 1.) Plaintiff also filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 3.) On September 19, 2018, the Court denied the application without prejudice as Plaintiff failed to make the requisite showing of indigency with particularity. (ECF No. 4.)
On October 4, 2018, Plaintiff filed a renewed application to proceed in forma pauperis. (ECF No. 5). Plaintiff has now made the requisite showing under 28 U.S.C. § 1915(a).
Accordingly, the application to proceed in forma pauperis is GRANTED.
The Court has also reviewed the Complaint and has determined that service of process is appropriate. As Plaintiff is proceeding in forma pauperis, the United States Marshals Service will effect service of process. See Fed. R. Civ. P. 4(c)(3).
Accordingly, IT IS HEREBY ORDERED that:
1. Service is appropriate for the following defendant(s):
a. County of Kern; and
b. Donny Youngblood, Kern County Sheriff
2. The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, two (2) summonses, one (1) Notice of Submission of Documents form, one (1) Instruction Sheet, and one (1) copy of the Complaint;
3. Within thirty (30) days from the date of service of this order, Plaintiff shall complete the Notice of Submission of Documents form and submit the completed form to the Court with the following documents:
a. A completed summons for each named defendant;
b. A completed USM-285 form for each named defendant; and
c. Three (3) signed copies of the Complaint;
4. Plaintiff need not attempt service on Defendants, and need not request waiver of service. Upon receipt of the above-described documents, the Court will direct the United States Marshals Service to serve Defendants pursuant to Federal Rule of Civil Procedure 4; and
5. The failure to comply with this order may result in the dismissal of this action.
IT IS SO ORDERED.
INSTRUCTIONS FOR SERVICE OF PROCESS BY U.S. MARSHAL
Please type or print legibly, insuring readability of all copies. DO NOT DETACH ANY COPIES. Submit one complete set of this form (USM-285) and one copy of each writ for each individual, company, corporation, etc., to be served or property to be seized or condemned. The applicable fees for such service(s) (T28, USC Sec. 1921 establishes the fees for service of process by the U.S. Marshal) may be required prior to said service.
For service of any process upon an officer or agent of the United States Government, submit a copy of the writ and a set of Form USM-285 for each officer or agent upon whom service is desired. Submit three (3) additional copies of the writs for service upon the Government of the United States. The U.S. Marshal will serve one (1) upon the U.S. Attorney and will forward two (2) to the Attorney General of the United States. (When the applicable box is checked, completion of the final signature block by the U.S. Marshal or his Deputy always certifies service on the U.S. Attorney and the Attorney General, regardless of whether other defendants on the writ were served.) Failure to provide any of the copies will delay service of the writ.
Complete all entries above the double line. Mark all applicable check boxes and use the `'Special Instructions'' to advise of any information that will assist the U.S. Marshal in expediting service.
If more than one writ and USM-285 is submitted on a single case, the U.S. Marshal will receipt for all of them on the first USM-285. You will receive for your records the last (No. 5) "Acknowledgment of Receipt" copy for all the USM-285 forms you submit. When the writ is served, you will receive the No. 3 Notice of Service copy. This copy will be identical to the return to the Clerk of the Court.
Upon completion of all services (if the Marshals fees were not requested or tendered in advance or if additional fees are indicated), you will receive a `'Billing Statement'' (copy 4 of USM-285) from the United States Marshal. (NOTE: Copy 4 should be returned, by you, to the U.S. Marshal, together with your payment of the amount owed.
Additional supplies of the USM-285 may be obtained from the Clerk of the U.S. District Court or U.S. Marshal, without cost.
