- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BARBARA HARRIS, No. 2:23-cv-02762-DAD-KJN 12 Plaintiff, ORDER GRANTING IFP REQUEST 13 v. 14 THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, 15 16 Defendant. 17 18 Plaintiff, who is represented by counsel, requests leave to proceed in forma pauperis 19 (“IFP”). (ECF No. 2.) Plaintiff’s affidavit makes the required financial showing, and so 20 plaintiff’s request is granted. See 28 U.S.C. § 1915 (authorizing the commencement of an action 21 “without prepayment of fees or security” by a person who is unable to pay such fees). 22 However, the determination that a plaintiff may proceed without payment of fees does not 23 complete the inquiry. Under the IFP statute, the court must screen the complaint and dismiss any 24 claims that are “frivolous or malicious,” fail to state a claim on which relief may be granted, or 25 seek monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2). Further, the federal 26 court has an independent duty to ensure it has subject matter jurisdiction over the case. See 27 United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004). 28 //// ] The court finds that plaintiff's complaint states claims that are sufficiently cognizable to 2 || survive this initial screening inquiry.! Accordingly, service of process is warranted on the named 3 || defendant. Given that plaintiff is represented by counsel, she may choose to serve defendant 4 | herself or request the assistance of the U.S. Marshal. See 28 U.S.C. § 1915(d). Ifthe former, 5 || plaintiff shall effectuate service following Fed. R. Civ. P. 4. If the latter, the court will issue 6 || further orders. Plaintiff shall inform the court of his choice within seven days of this order. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff's motion to proceed in forma pauperis (ECF No. 2) is GRANTED; 9 2. Service of the complaint is appropriate for defendant Prudential Insurance 10 Company of America, and so the Clerk of Court shall issue forthwith all process 11 pursuant to Federal Rule of Civil Procedure 4 without prepayment of costs. 12 3. Within 7 days of this order, plaintiff shall inform the court whether she intends to 13 serve defendant herself or wishes to utilize the services of the U.S. Marshal. Ifthe 14 court has not heard from plaintiff within this time period, it will presume she 15 intends to serve defendant herself; 16 4. Following service or waiver of service, defendants shall reply to the complaint 17 within the time provided in Federal Rule of Civil Procedure 12(a); and 18 5. Failure to comply with this order may result in any appropriate sanctions, 19 including monetary sanctions and/or dismissal of the action pursuant to Federal 20 Rule of Civil Procedure 41(b). 21 || Dated: December 7, 2023 ” Aectl Aharon 23 KENDALL J. NE arr.2762 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 | | The court reserves decision on the merits of plaintiff’s claims until the record is sufficiently developed. This order does not preclude any defendant from challenging plaintiffs complaint 28 | through a timely motion under Rule 12 or other appropriate method.
Document Info
Docket Number: 2:23-cv-02762
Filed Date: 12/7/2023
Precedential Status: Precedential
Modified Date: 6/20/2024