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Battle-El v. Dep't of Veterans Affairs

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 21, 2007

KARAL HASANI EFIA BATTLE-EL, PLAINTIFF,
v.
DEPARTMENT OF VETERANS AFFAIRS, DEFENDANT.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS [doc. #2] and DIRECTING U.S. MARSHAL TO EFFECT SERVICE OF PROCESS

Plaintiff, appearing without counsel, has submitted a civil complaint against the Department of Veterans Affairs and has also filed an application to proceed in forma pauperis under 28 U.S.C. § 1915.

Plaintiff is currently unemployed and has been unemployed since January 24, 2007, receives no money from other sources, and does not have a checking or savings account. The only asset plaintiff has of value is a 1993 Chevy station wagon. Plaintiff states that his "daughter's mother . . . is helping hold down the fort whil[e] I seek redress in the Courts." (Motion and Declaration at 2). Given these circumstances, the Court grants plaintiff's request to proceed in forma pauperis.

The Court hereby orders as follows:

(1) The request to proceed in forma pauperis is GRANTED.

(2) The United States Marshal shall serve a copy of the complaint, summons, and order granting leave to proceed in forma pauperis upon defendant*fn1 as directed by plaintiff on U.S. Marshal Form 285. All costs of service shall be advanced by the United States.

(3) Plaintiff shall serve upon defendant or, if appearance has been entered by counsel, upon defendant's counsel, a copy of every further pleading or document submitted for consideration by 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 defendant or counsel for defendant and the date of service. Any paper received by a district judge or a magistrate judge that has not been filed with the Clerk of the Court or which fails to include a certificate of service will be disregarded by the Court.

IT IS SO ORDERED.


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