ORDER SCREENING COMPLAINT; AND

ORDER AUTHORIZING SERVICE BY U.S. MARSHALS SERVICE

LARRY ALAN BURNS, District Judge.

Plaintiff filed his complaint along with a motion to proceed in forma pauperis ("IFP") under 28 U.S.C. § 1915(a), and a motion for a temporary restraining order. The Court granted Plaintiff leave to proceed IFP but denied his motion for a temporary restraining order. (Docket no. 9.)

Any complaint filed pursuant to the IFP provisions of 28 U.S.C. § 1915(a) is subject to a mandatory and sua sponte review and dismissal by the Court, if it finds the Complaint is "frivolous, malicious, failing to state a claim upon which relief may be granted, or seeking monetary relief from a defendant immune from such relief." 28 U.S.C. § 1915(e)(2)(B); Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) ("[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners."). The Court has reviewed the complaint and finds it sufficient to survive the sua sponte screening provisions of § 1915(e)(2).

Accordingly, the Court ORDERS as follows:

1. The United States Marshal shall serve copies of the complaint, the summons, this order, and the order granting leave to proceed IFP upon Defendants as directed by Plaintiff on U.S. Marshal Form 285. All costs of service shall be advanced by the United States.

2. Plaintiff shall serve upon Defendants or, if appearance has been entered by counsel, upon Defendants' counsel, a copy of every further pleading or other document submitted for consideration of the Court. Plaintiff shall include with the original paper to be filed with the Clerk of the Court a certificate stating the manner in which a true and correct copy of any document was served on the defendants or counsel of defendants and the date of service. Any paper received by a district judge or magistrate judge which has not been filed with the Clerk or which fails to include a Certificate of Service will be disregarded.

IT IS SO ORDERED.

Bryan W. Pease

Enclosed are the materials you will need to complete U.S. Marshal Service in your case. Here is what you must do:

A) Keep for your records: One copy of your Complaint and one copy of the Court Order Granting your Motion to Proceed IFP and/or Directing U.S. Marshal Service pursuant to 28 U.S.C. 1915(d) and Fed.R.Civ.P. 4(c)(3).

B) Remove the U.S. Marshal Service Forms(s) (USM-285) and complete the top portion, including the name and street address of the person you have named as a defendant and wish to serve, as completely and clearly as possible. You must complete one USM-285 Form for each defendant listed on the summons and Ordered to be served.