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United States District Court

Eastern District of California 

James Whittenberg,

Plaintiff, No. Civ. S 04-2225 GEB PAN P

vs. Order

V. Bortolamedi, et al.,

Defendants. 

-oOoPlaintiff is a state prisoner without counsel seeking to

commence a civil rights action. This proceeding was referred to

this court by Local Rule 72-302 pursuant to 28 U.S.C.

§ 636(b)(1). 

Plaintiff requests leave to proceed in forma pauperis

pursuant to 28 U.S.C. § 1915 and has submitted a declaration that

makes the showing required by 28 U.S.C. § 1915(a). Plaintiff is

required to pay the statutory filing fee of $150 for this action. 

28 U.S.C. §§ 1914(a), 1915(b)(1). Plaintiff is obligated for 

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monthly payments of 20 percent of the preceding month’s income

credited to plaintiff’s prison trust account. These payments

will be forwarded by the appropriate agency to the Clerk of the

Court each time the amount in plaintiff’s account exceeds $10,

until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

The complaint states cognizable claims for relief against

defendants Bortolamedi, Yelton, Brown, Largent and Johnson

pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). 

Accordingly, the court hereby orders that:

1. Plaintiff's request for leave to proceed in forma

pauperis is granted.

2. Plaintiff is obligated to pay the statutory filing fee

of $150 for this action. The fee shall be collected in

accordance with this court’s notice to the Director of the

California Department of Corrections filed concurrently herewith.

3. Service is appropriate for defendants Bortolamedi,

Yelton, Brown, Largent and Johnson.

4. The Clerk of the Court shall send plaintiff five USM-285

forms, one summons, an instruction sheet and one copy of the

October 20, 2004, pleading.

5. Within 30 days from service of this order, plaintiff

shall complete the attached Notice of Submission of Documents and

submit it to the court with the completed summons and USM-285

forms and six copies of the October 20, 2004, pleading.

6. Upon receipt of the necessary materials, the court will

direct the United States Marshal to serve defendants Bortolamedi,

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Yelton, Brown, Largent and Johnson pursuant to Federal Rule of

Civil Procedure 4 without payment of costs. 

Dated: January 5, 2006. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

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United States District Court

Eastern District of California 

James Whittenberg,

Plaintiff, No. Civ. S 04-2225 GEB PAN P

vs. Notice of Submission of Documents

V. Bortolamedi, et al.,

Defendants.

-oOoPlaintiff hereby submits the following documents in

compliance with the court's order filed :

 completed summons form

 completed forms USM-285 

 copies of the 

 Complaint

Dated: 

 _________________________________

Plaintiff

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