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Reyes v. Harrah's Entertainment

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA


May 9, 2008

LAUREANO S. REYES, PLAINTIFF,
v.
HARRAH'S ENTERTAINMENT, INC., DEFENDANT.

The opinion of the court was delivered by: Hon. Napoleon A. Jones, Jr. United States District Judge

ORDER 1 GRANTING MOTION TO PROCEED IN FORMA PAUPERIS; AND 2 DIRECTING U.S. MARSHAL TO EFFECT SERVICE OF PROCESS PURSUANT TO RULE 4 OF THE FEDERAL RULES OF CIVIL PROCEDURE

Before the Court is the Motion to Proceed in Forma Pauperis pursuant to 28 U.S.C. § 1915 of Plaintiff Laureano Reyes. [Doc. No. 6.] Plaintiff filed a Complaint against Defendant Harrah's Entertainment, Inc. under the Americans with Disabilities Act . [Doc. No. 1.]

A court may authorize the commencement of a civil suit without prepayment of fees if a plaintiff submits an affidavit, including a statement of all of its assets, demonstrating its inability to pay court fees. See 28 U.S.C. § 1915(a) (1996). Plaintiff has submitted an affidavit that sufficiently shows that he lacks the financial resources to pay filing fees. See id. Accordingly, the Court HEREBY GRANTS Plaintiff's Motion to Proceed in Forma Pauperis.

Conclusion and Order

Plaintiff's Application to Proceed in Forma Pauperis is GRANTED. Accordingly, is it ORDERED that:

1) the U.S. Marshal serve a copy of the Summons, Complaint, and Order Granting Leave to Proceed in Forma Pauperis upon the Defendant as directed by Plaintiff on U.S. Marshal Form 285. All costs of service shall be advanced by the United States;

2) Defendant reply to the Complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure; and

3) Plaintiff serve upon Defendant or, if an 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 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 Court or that fails to include a certificate of service will be disregarded by the Court.

IT IS SO ORDERED.

20080509

© 1992-2008 VersusLaw Inc.



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