Nails v. City of Dothan

Filing 4

ORDER granting 2 motion to proceed in forma pauperis. It is further Ordered that service of this complaint is HEREBY STAYED. Signed by Judge Delores R. Boyd on 9/6/06. (sl, )

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Nails v. City of Dothan Doc. 4 Case 1:06-cv-00760-WKW-DRB Document 4 Filed 09/06/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION ANGELA DENISE NAILS, Plaintiff, v. City of Dothan, Defendant. ) ) ) ) ) ) ) ) ) Civil Action No. 1:06-cv-00760-WKW [wo] ORDER ON MOTION Pursuant to the Order filed on August 30, 2006 referring this case for action on all pretrial matters and for recommendation as may be appropriate (Doc. 3), the undersigned Magistrate Judge considers the pro se Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit, construed as a motion for leave to proceed in forma pauperis (Doc. 2, filed August 24, 2006). The court wishes the plaintiff to understand fully the limited nature of being allowed to proceed in forma pauperis. This status does permit the plaintiff to commence this lawsuit without prepayment of fees and court costs, but it does not permit the plaintiff to maintain the lawsuit without incurring any personal expenses. The Plaintiff should understand that she may incur expenses as a result of the prosecution of this case, and there is no provision for the court's payment of those expenses. For example, in the event of a trial, the Plaintiff may compel the attendance of witnesses through subpoena only by tendering to each witness payment of a one-day witness fee of $40, plus mileage. Additionally, court costs, in varying amounts, can be very substantial, and they are normally assessed against the losing party. This means that a plaintiff who loses a case may be charged with, and obligated to pay, all Case 1:06-cv-00760-WKW-DRB Document 4 Filed 09/06/2006 Page 2 of 2 court costs, even though the plaintiff is proceeding in forma pauperis, Having advised the Plaintiff of the possible expense of litigation, it is ORDERED that the Motion to Proceed In Forma Pauperis (Doc. 2) be and is hereby GRANTED. For good cause, it is further ORDERED that service of this Complaint IS HEREBY STAYED. Done this 6th day of September, 2006. /s/ Delores R. Boyd DELORES R. BOYD UNITED STATES MAGISTRATE JUDGE 2

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