Baker v. The Alabama Supreme and Court of Criminal Appeals et al (MAG+)

Filing 5

ORDER granting 2 MOTION for Leave to Proceed in forma pauperis filed by Jeffery Baker, Jr., as further explained in order. Signed by Judge Vanzetta P. McPherson on 1/25/06. (djy, )

Baker v. The Alabama Supreme and Court of Criminal Appeals et al (MAG+)

Doc. 5

Case 2:06-cv-00043-WHA-VPM

Document 5

Filed 01/25/2006

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J E F F E R Y BAKER, JR., P l a i n t if f , v. T H E ALABAMA SUPREME AND C O U R T OF CRIMINAL APPEALS, e t al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:06CV43-WHA [W O ]

O R D E R ON MOTION
P u rsu a n t to the plaintiff's Motion To Proceed In Forma Pauperis, filed o 18 January 2 0 0 6 (Doc. # 2), and for good cause, it is O R D E R E D that the plaintiff's motion is GRANTED. T h e court wishes the plaintiff to understand fully the limited nature of his proceeding in this case as an indigent plaintiff. Although this status permits the plaintiff to commence th is lawsuit without prepayment of fees and court costs, it does not permit the plaintiff to m a in t a in the lawsuit without incurring any personal expenses. T h e plaintiff should understand that he may incur expenses as a result of the p r o s e c u t io n of this case, and there is no provision for the court's payment of those expenses. F o r example, if the case goes to trial, the plaintiff may compel the attendance of witnesses th ro u g h subpoena only by tendering to each witness payment of a one-day witness fee of $40, p lu s mileage. Additionally, court costs, in varying amounts, can be very substantial, and

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Case 2:06-cv-00043-WHA-VPM

Document 5

Filed 01/25/2006

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they are normally assessed against the losing party. This means that a plaintiff who loses a c a s e may be charged with, and obligated to pay, all court costs, even though the plaintiff is p ro c e ed in g in forma pauperis. The plaintiff is also reminded that he must purchase copies o f his deposition and that, if he schedules the deposition of others, he must pay the court re p o rte r's appearance fee for each deposition, and for each copy of a deposition. D O N E this 25 th day of January, 2006.

/s / Vanzetta Penn McPherson V A N Z E T T A PENN MCPHERSON U N IT E D STATES MAGISTRATE JUDGE