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Rodriguez v. Tilton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 29, 2010

LUIS VALENZUELA RODRIGUEZ, PLAINTIFF,
v.
JAMES TILTON, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Barbara Jacobs Rothstein U.S. District Court Judge

ORDER GRANTING REQUEST TO PROCEED IN FORMA PAUPERIS

Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on May 12, 2008 and paid the statutory filing fee of $350.00. Plaintiff now seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 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.

By order filed on February 22, 2010, this court determined that plaintiff's second amended complaint, with the exception of the Third Cause of Action, states a cognizable claim for relief against defendants American Legion Ambulance, Smith, Galloway, Hashimoto, Santos, Pieri, Brimhall, Campbell, Akintola, Knipp, Subia, Garcia, Blim and the Deputy Warden of MCSP. Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request to proceed in forma pauperis is GRANTED;

2. The Third Cause of Action in the Second Amended Complaint is DISMISSED;

3. The Clerk of Court shall send plaintiff fourteen USM-285 forms, one summons, an instruction sheet and a copy of the Second Amended Complaint;

4. Within thirty 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 complete Notice of Submission of Documents;

b. One completed summons;

c. One completed USM-285 form for each defendant; and

d. Six copies of the endorsed Second Amended Complaint.

5. 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 Federal Rule of Civil Procedure 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

20100329

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