Petrie v. Family Health Centers of San Diego

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26-cv-910-JO-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
STRAUGHAN PETRIE,
Plaintiff,
v.
FAMILY HEALTH CENTERS OF SAN
DIEGO,
Defendant.
Case No.: 26-cv-910-JO-BLM
MINUTE ORDER GRANTING
MOTION TO PROCEED IN FORMA
PAUPERIS AND ORDERING
MARSHAL SERVICE
Plaintiff Straughan Petrie, proceeding pro se, filed a complaint against Defendant
Family Health Centers of San Diego, alleging violations of the Americans with Disabilities
Act (“ADA”). Dkt. 1. Plaintiff also filed a motion to proceed in forma pauperis (“IFP”)
accompanied by an affidavit listing his income and assets. Dkt. 2. Upon reviewing
Plaintiff’s affidavit regarding his financial condition, the Court concludes that Plaintiff
lacks the financial resources to pay the filing fee and grants his IFP motion. Dkt. 2; see 28
U.S.C. § 1915; Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007).
Because the Court grants Plaintiff leave to proceed IFP, it screens his complaint
pursuant to § 1915(e)(2)(B). 	The Court concludes that Plaintiff has satisfied the “low
threshold” standard in stating his claim for relief under the ADA. See Wilhelm v. Rotman,
680 F.3d at 1113, 1121 (9th Cir. 2012) (pro se complaints are construed “liberally” and
may be dismissed for failure to state a claim only “if it appears beyond doubt that the
plaintiff can prove no set of facts in support of his claim which would entitle him to relief”).
Case 3:26-cv-00910-JO-BLM Document 3 Filed 03/12/26 PageID.<pageID> Page
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26-cv-910-JO-BLM
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For the above reasons, the Court:
1. 	GRANTS Plaintiff’s motion to proceed IFP pursuant to 28 U.S.C. § 1915(a).
[Dkt. 2]
2. 	DIRECTS the Clerk of the Court to issue a summons as to Plaintiff’s
Complaint upon Defendant and to forward it to Plaintiff along with a blank
U.S. Marshal Form 285 for the named Defendant. The Clerk will also provide
Plaintiff with a certified copy of this Order, a certified copy of the Complaint,
and the summons (together, the “IFP Package”) so that he may serve
Defendant. 	Upon receipt of the IFP Package, Plaintiff must complete the
Form 285 as completely and accurately as possible, include an address where
Defendant may be found and/or subject to service pursuant to S.D. Cal. Civ.
LR 4.1c., and return it to the U.S. Marshal according to the instructions the
Clerk provides.
3. 	ORDERS the U.S. Marshal to serve a copy of Plaintiff’s Complaint and
summons upon Defendant as directed by Plaintiff on the completed Form 285,
and to promptly file proof of service, or proof of all attempts at service unable
to be executed, with the Clerk of Court. See S.D. Cal. Civ. LR 5.2. All costs
of that service will be advanced by the United States. 	See 28 U.S.C. §
1915(d); Fed. R. Civ. P. 4(c)(3).
IT IS SO ORDERED.
Dated: March 12, 2026 	______________________
Honorable Jinsook Ohta
United States District Judge
Case 3:26-cv-00910-JO-BLM Document 3 Filed 03/12/26 PageID.<pageID> Page
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