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Galvan v. Purviance

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 2, 2009

CHAD ANTHONY GALVAN, PLAINTIFF,
v.
S. PURVIANCE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lonny R. Suko United States District Judge

ORDER ALLOWING PLAINTIFF TO PROCEED IN FORMA PAUPERIS, INTER ALIA

Plaintiff is a High Desert State prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis.

Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.

Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). Plaintiff has been found without funds for six months and currently is without funds. Accordingly, the court will not assess an initial partial filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments of twenty percent of the preceding month's income credited to his prison trust account. These payments shall be collected and forwarded by the appropriate agency to the Clerk of the Court each time the amount in Plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

Plaintiff's Complaint appears to state a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915(A)(b), in that it appears if the allegations of the Complaint are proven, Plaintiff has an opportunity to prevail on the merits of this action. This finding, however, does not preclude Defendants from filing a 12(b)(6) motion to dismiss.

In accordance with the above, IT IS HEREBY ORDERED THAT:

1. Plaintiff's Application To Proceed In Forma Pauperis (Ct. Recs. 2, 6) are GRANTED.

2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The fee shall be collected and paid in accordance with the court's order to the Warden of High Desert State Prison filed concurrently herewith.

3. Service is appropriate for the following Defendants: S. Purviance, C.R. Sharps, W.W. Knipp, H. Lackner, and R.J. Subia.

4. The Clerk of the Court shall send the Plaintiff five USM-285 forms, one summons, an instruction sheet, and a copy of the Complaint filed April 28, 2008.

5. Within thirty (30) days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court:

a. The completed Notice of Submission of Documents;

b. One completed summons;

c. One completed USM-285 form for each Defendant listed in number 3 above; and

d. Six copies of the endorsed complaint filed April 28, 2008.

6. 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 above-named Defendants pursuant to Fed. R. Civ. P. 4 without payment of costs.

NOTICE OF SUBMISSION OF DOCUMENTS

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

Completed summons form

Completed USM-285 forms

Copies of the

Complaint/Amended Complaint

DATED:

Plaintiff

20090302

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