United States District Court, E.D. California
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE.
Alexandra Chapa, who is proceeding without counsel in this
action, requested leave to proceed in forma pauperis pursuant
to 28 U.S.C. § 1915,  which was granted. (ECF Nos. 2, 3.)
However, plaintiff's complaint was dismissed with leave
to amend. (ECF No. 3.) Subsequently, plaintiff filed her
first amended complaint. (ECF No. 4.)
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.
is legally frivolous when it lacks an arguable basis either
in law or in fact. Neitzke v. Williams, 490 U.S.
319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221,
1227-28 (9th Cir. 1984). The court may, therefore, dismiss a
claim as frivolous where it is based on an indisputably
meritless legal theory or where the factual contentions are
clearly baseless. Neitzke, 490 U.S. at 327.
construed, plaintiff's complaint asserts claims pursuant
to 42 U.S.C. § 1983 for violations of the United States
Constitution based on allegations that Placer County Sheriffs
unreasonably seized plaintiff on June 28, 2018, and
correction officers mistreated plaintiff on August 13, 2018.
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, meaning 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 defendants.
foregoing reasons, IT IS HEREBY ORDERED that:
Service of the amended complaint (ECF No. 4) is appropriate
for the named defendants.
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
c. A copy of the amended complaint for each defendant to be
served, with an extra copy for ...