Opinion
NO. CIV. S-10-3245 LKK/EFB.
December 16, 2010
ORDER
Plaintiff, proceeding with counsel, seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. On December 5, 2010, plaintiff filed a complaint for damages under the Americans with Disabilities Act and the California Fair Employment and Housing Act. ECF No. 1. On December 5, 2010, plaintiff filed an application to proceed in forma pauperis. In the application, plaintiff declared that she is unable to pay the costs of the proceedings. ECF No. 2. Accordingly, the court ORDERS as follows:
[1] Plaintiff's request to proceed in forma pauperis is GRANTED.
[2] The Clerk of the Court shall send plaintiff one USM-285 form, one summons, and an instruction sheet.
[3] Within thirty (30) days of the issuance of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the completed Notice to the court with the following documents:
a. One completed summons form for each defendant named in the complaint;
b. One completed USM-285 form for each defendant named in the complaint; and
c. Three copies of the endorsed complaint filed.
[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 Marshal to serve the defendant pursuant to Federal Rule of Civil Procedure 4 without prepayment of costs.
[5] Failure to comply with this order may result in a recommendation that this action be dismissed with prejudice.
IT IS SO ORDERED.
DATED: December 15, 2010.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order filed December 16, 2010:
1 1 2
completed summons form completed USM-285 forms copies of the _______________ Complaint/Amended Complaint DATED: _________________________________ Plaintiff