Fuller v. Tilton

Full title: ERIC J. FULLER, Plaintiff, v. JAMES TILTON, et al., Defendants

Court: United States District Court, E.D. California

Date published: Dec 18, 2009

No. CIV S-09-1139 EFB P (E.D. Cal. Dec. 18, 2009)

Opinion

No. CIV S-09-1139 EFB P.

December 18, 2009

ORDER

EDMUND BRENNAN, Magistrate Judge

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

Plaintiff has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff's declaration makes the showing required by 28 U.S.C. § 1915(a)(1) and (2). Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C. § 1915(b)(1) and (2).

The court finds that, for the limited purposes of § 1915A screening, the complaint states cognizable claims for relief against all defendants.

Accordingly, it hereby is ordered that:

1. Plaintiff's request to proceed in forma pauperis is granted.

2. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in accordance with the notice to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.

3. Service is appropriate for defendants Tilton and Martel.

4. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an instruction sheet and one copy of the April 27, 2009 pleading.

5. Within 30 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed summons and USM-285 forms and three copies of the endorsed April 27, 2009 pleading.

6. Upon receipt of the necessary materials, the court will direct the United States Marshal to serve defendants Tilton and Martel pursuant to Federal Rule of Civil Procedure 4 without payment of costs. Failure to comply with this order will result in this action being dismissed.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed: ________________:

1 2 3

completed summons form completed forms USM-285 copies of the April 27, 2009 Complaint Dated: ______________________________ Plaintiff