United States District Court, E.D. California
EUGENE E. ANDREYEV, Plaintiff,
DAVID RAWE, et al., Defendants.
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE
Eugene Andreyev, who proceeds in this action without counsel,
has requested leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. (ECF No. 2.) Plaintiff's
application in support of his request to proceed in forma
pauperis makes the showing required by 28 U.S.C. §
1915. Accordingly, the court grants plaintiff's request
to proceed in forma pauperis.
determination that a plaintiff may proceed in forma
pauperis does not complete the required inquiry.
Pursuant to 28 U.S.C. § 1915, the court is directed to
dismiss the case at any time if it determines that the
allegation of poverty is untrue, or if the action is
frivolous or malicious, fails to state a claim on which
relief may be granted, or seeks monetary relief against an
construed, plaintiff's complaint asserts a claim pursuant
to 42 U.S.C. § 1983 for violation of the Fourth
Amendment to the United States Constitution based on
allegations that City of Roseville police officers unlawfully
seized plaintiff's vehicle, resulting in his ultimate
loss of the vehicle.
on the limited record before the court, the court cannot
conclude that plaintiff's action is frivolous, that the
complaint fails to state a claim on which relief can be
granted, or that plaintiff seeks monetary relief from an
immune defendant. The court reserves decision as to
plaintiff's claim until the record is sufficiently
developed, and this order does not preclude any defendant
from challenging plaintiff's complaint through a timely
motion pursuant to Federal Rule of Civil Procedure 12 or
other appropriate method of challenging plaintiff's
pleading. Accordingly, the court orders service of the
complaint on the named police officers and the City of
also named David Rawe, a Risk Manager for the City of
Roseville, as a defendant. However, the complaint itself
contains no factual allegations against Mr. Rawe, and it
appears that Mr. Rawe was merely the individual who, on
behalf of the City of Roseville, denied some type of
administrative claim plaintiff had filed with the City of
Roseville. Therefore, the court finds that service of process
is not appropriate for Mr. Rawe.
foregoing reasons, IT IS HEREBY ORDERED that:
Plaintiff's motion to proceed in forma pauperis
(ECF No. 2) is granted.
Service of the complaint is appropriate for defendants
Gregory Cole, Cameron Bal, Michael Anderson, and the City of
Roseville. Service of the complaint is NOT appropriate for
defendant David Rawe.
Clerk of Court is directed to issue forthwith all process
pursuant to Federal Rule of Civil Procedure 4.
Clerk of Court shall send plaintiff one USM-285 form, one
summons, this court's scheduling order, and the forms
providing notice of the magistrate judge's availability
to exercise jurisdiction for all purposes.
Plaintiff is advised that to effectuate service, the U.S.
Marshal will require:
a. One completed summons;
b. One completed USM-285 form for each defendant to be