Douglas v. Super 8 Motel

Filing 3

MEMORANDUM AND ORDER Granting 2 MOTION for Leave to Proceed in forma pauperis filed by Vicki R. Douglas. Signed by Judge J. Phil Gilbert on 7/27/11. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VICKI R. DOUGLAS,
Plaintiff,
v.

Case No. 11-cv-640-JPG-SCW

SUPER 8 MOTEL,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Vicki R. Douglas’ motion for leave to
proceed in forma pauperis (Doc. 2). A federal court may permit an indigent party to proceed
without pre-payment of fees. 28 U.S.C. § 1915(a)(1). Nevertheless, a court can deny a qualified
plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or
malicious or fails to state a claim. 28 U.S.C. § 1915(e)(2)(B)(i) & (ii). The test for determining
if an action is frivolous or without merit is whether the plaintiff can make a rational argument on
the law or facts in support of the claim. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Corgain
v. Miller, 708 F.2d 1241, 1247 (7th Cir. 1983). An action fails to state a claim if it does not
plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007). When assessing a petition to proceed in forma pauperis, a
district court should inquire into the merits of the petitioner’s claims, and if the court finds them
to be frivolous, it should deny leave to proceed in forma pauperis. Lucien v. Roegner, 682 F.2d
625, 626 (7th Cir. 1982).
The Court is satisfied from Douglas’ affidavit that she is indigent. Furthermore, there is
nothing in the complaint to indicate Douglas’ claim is frivolous, malicious or fails to state a
claim. Therefore, the Court GRANTS Douglas’ motion for leave to proceed in forma pauperis

(Doc. 2).
The plaintiff having been granted leave to proceed in forma pauperis, the Court orders
service of process by a United States marshal or deputy marshal or other specially appointed
person. Fed. R. Civ. P. 4(c)(3).
If the plaintiff wishes the United States Marshal Service to serve process in this case, the
Court DIRECTS the plaintiff to provide to the United States Marshal Service the summons
issued in this case, the appropriately completed USM-285 forms and sufficient copies of the
complaint for service.
The Court further DIRECTS the United States Marshal, upon receipt of the
aforementioned documents from the plaintiff and pursuant to Federal Rule of Civil Procedure
4(c)(3), to serve a copy of summons, complaint and this order upon the defendants in any
manner consistent with Federal Rule of Civil Procedure 4, as directed by the plaintiff. Costs of
service shall be borne by the United States.
IT IS SO ORDERED.
DATED: July 27, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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