Opinion
No. CIV S-09-993 FCD EFB P.
October 26, 2009
ORDER
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He requests leave to proceed in forma pauperis. See 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1).
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 a cognizable Eighth Amendment claim for relief against defendant pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b).
Accordingly, it hereby is ordered that:
1. Plaintiff's request for leave to proceed in forma pauperis is granted.
2. Plaintiff must pay the statutory filing fee of $350 for this action. All payments shall be collected in accordance with the order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.
3. Service is appropriate for defendant Tucker.
4. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, an instruction sheet and one copy of the April 13, 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 form and two copies of the endorsed April 13, 2009 pleading.
6. Upon receipt of the necessary materials, the court will direct the United States Marshal to serve defendant Tucker pursuant to Federal Rule of Civil Procedure 4 without payment of costs. Failure to comply with this order will result in a recommendation that this action be dismissed.