United States District Court, E.D. California
ROBIN E. JACKSON, Plaintiff,
MARSHA J. JOSIAH, et al., Defendants.
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
Robin E. Jackson, who proceeds in this action without
counsel, requests leave to proceed in forma pauperis pursuant
to 28 U.S.C. § 1915. (ECF No. 2.) Plaintiff's
application in support of her 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 immune defendant.
case, plaintiff alleges that defendants engaged in an
enterprise to illegally obtain money and trust property from
plaintiff, by means of malicious prosecution, extortion, mail
fraud, and fraud in violation of 18 U.S.C. § 1962 of the
federal Racketeer Influenced and Corrupt Organizations
(“RICO”) Act. (See generally ECF No. 1.)
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 upon which relief can be
granted, or that plaintiff seeks monetary relief from an
immune defendant. The court reserves decision as to
plaintiff's claims until the record is sufficiently
developed, and this order does not preclude defendants 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
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 Marsha
J. Josiah and Claude Elton Josiah.
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 for each defendant to be served;
b. One completed USM-285 form for each defendant to be
c. A copy of the complaint for each defendant to be served,
with an extra copy for ...