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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOSEPH AGUIRRE,

Plaintiff, No. CIV S-04-1843 LKK KJM P

vs.

ELBERT TOWNSELL, et al.,

Defendants.

 / ORDER

Plaintiff is a Solano County Jail inmate proceeding pro se. Plaintiff seeks relief

under 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis under 28 U.S.C.

§ 1915. This proceeding was referred to this court by Local Rule 72-302 under 28 U.S.C.

§ 636(b)(1).

Plaintiff has submitted a declaration that makes the showing required by 28

U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted. 

Plaintiff is required to pay the statutory filing fee in effect at the time of filing of

his action, $150.00. 28 U.S.C. §§ 1914(a), 1915(b)(1). An initial partial filing fee of $20.00 will

be assessed by this order. 28 U.S.C. § 1915(b)(1). By separate order, the court will direct the

appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and

forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments

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of twenty 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 $10.00, until the filing fee is paid in full. 28 U.S.C.

§ 1915(b)(2).

Plaintiff’s complaint states a cognizable Eighth Amendment claim under 42

U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the complaint are proven, plaintiff

has a reasonable opportunity to prevail on the merits of his Eighth Amendment claim against

defendant Townsell. Therefore, the court will order service of process upon defendant Townsell. 

The court will not order service of process upon the other defendants identified in plaintiff’s

complaint as the complaint fails to state a clam upon which relief can be granted as to those

defendants.

In accordance with the above, IT IS HEREBY ORDERED 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 $150.00 for this action. 

Plaintiff is assessed an initial partial filing fee of $20.00. All fees shall be collected and paid in

accordance with this court’s order to the Solano County Sheriff filed concurrently herewith.

3. Service is appropriate for defendant Townsell. 

4. The Clerk of the Court shall send plaintiff one USM-285 form, one summons,

an instruction sheet and a copy of the complaint filed September 3, 2004.

5. Within thirty days from the date of this order, plaintiff shall complete the

attached Notice of Submission of Documents and submit the following documents to the court:

a. The completed Notice of Submission of Documents;

b. One completed summons;

c. One completed USM-285; and 

d. Two copies of the endorsed complaint filed September 3, 2004. 

6. Plaintiff need not attempt service on defendant Townsell and need not request

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waiver of service. Upon receipt of the above-described documents, the court will direct the

United States Marshal to serve defendant Townsell under Federal Rule of Civil Procedure 4

without payment of costs. 

DATED: May 12, 2005.

______________________________________

UNITED STATES MAGISTRATE JUDGE

1

agui1843.1

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOSEPH AGUIRRE,

Plaintiff, No. CIV-S-04-1843 LKK KJM P 

vs.

ELBERT TOWNSELL, et al., NOTICE OF SUBMISSION

Defendants. OF DOCUMENTS

 /

Plaintiff hereby submits the following documents in compliance with the court's

order filed :

 completed summons form

 completed USM-285 form

 copies of the 

 Complaint

DATED: 

 

Plaintiff

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