Orloski v. Vincent House et al

Filing 20

ORDER granting 15 Motion for Payment of Fees on Payment Plan. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 3/30/2017. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CHRISTOPHER ORLOSKI,
Plaintiff,
v.

Case No: 8:17-cv-553-T-27AAS

VINCENT HOUSE, VAN GOGH’S
PALETTE, INC., LIGIA GÓMEZ,
WILLIAM MCKEEVER, ELLIOTT
STEELE,
Defendants.
_______

/
ORDER

Before the court is Plaintiff’s Motion for Payment of Fees on Payment Plan. (Doc. 15).
On March 7, 2017, Plaintiff filed his initial Application to Proceed in District Court
Without Prepaying Fees or Costs, which the Court construed as a motion for leave to proceed in
forma pauperis. (Doc. 2). The Court denied Plaintiff’s request after determining he has the ability
to pay the filing fee. (Doc. 5). On March 13, 2017, Plaintiff filed a motion for reconsideration,
which was also denied. (Docs. 8, 14).
Pursuant to Rule 4.07(a), Rules of the United States District Court for the Middle District
of Florida, when a party requests to proceed in forma pauperis the Court “may enter such other
orders as shall seem appropriate to the pendency of the cause, including an order that the party
seeking leave to proceed in forma pauperis shall pay a stated portion of the Clerk’s and/or
Marshal’s fees within a prescribed time.” Here, the Court is satisfied that a reduced filing fee and
a payment plan, if necessary, is appropriate.
Accordingly, it is ORDERED:

(1)

Plaintiff’s Motion for Payment of Fees on Payment Plan (Doc. 15) is GRANTED

in part and DENIED in part. The Court will allow Plaintiff to proceed with a reduced filing fee
of $200. The total reduced filing fee shall be paid by May 31, 2017, but may be paid earlier if
Plaintiff elects to do so. Plaintiff’s failure to timely pay this reduced filing fee may result in
dismissal of this matter without further notice. See Local Rule 3.10(a), M.D. Fla.
(2)

After payment has been received, Plaintiff is DIRECTED to obtain the appropriate

summons forms, and “Process, Receipt, and Return” form for service by United States Marshal.1
Plaintiff shall complete and return the forms to the Clerk within twenty (20) days after full
payment, whereupon the United States Marshal is DIRECTED to serve process in this case upon
the appropriate parties. The 90 day deadline for service under Federal Rule of Civil Procedure
4(m) is tolled pending complete payment of the reduced filing fee.
DONE and ORDERED at Tampa, Florida this 30th day of March, 2017.

The forms can be found at the “Forms, Policies, and Publications” section, “Civil” subsection,
of this Court’s website at http://www.flmd.uscourts.gov. If Plaintiff does not have access to the Internet
to download this form, Plaintiff may obtain the form by contacting the Clerk’s Office at 813-301-5400.
1