Brock v. Gordon Trucking Inc. et al

Filing 5

ORDER granting 3 Motion for Leave to Proceed in forma pauperis; granting 4 Motion for service at government's expense. Signed by Chief Judge David R. Herndon on 5/22/12. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TERRY A. BROCK,
Plaintiff,
v.
GORDON TRUCKING, INC.,
and GORDON TRUCKING, CO.,
Defendants.

No. 12-0645-DRH
ORDER

HERNDON, Chief Judge:
On May 18, 2012, Terry A. Brock filed suit against his former employer
Gordon Trucking, Inc., and Gordon Trucking, Co., for racial discrimination (Doc. 2).
Now before the Court are his motions to proceed in forma pauperis (Doc. 3) and
motion for service of process at Government expense (Doc. 4).

Based on the

following, the Court grants the motions.
By granting a motion for pauper status, a court authorizes a lawsuit to proceed
without prepayment of fees. The Court must screen any indigent’s complaint (those
filed by prisoners and non-prisoners alike) and dismiss the complaint if (a) the
allegation of poverty is untrue, (b) the action is frivolous or malicious, (c) the action
fails to state a claim upon which can be granted, or (d) the action seeks monetary
relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).
Brock’s motion survives § 1915(e)(2) review.

He signed a declaration

contained in his motion to proceed in forma pauperis documenting his poverty. The

action appears to be neither frivolous nor malicious. At this point, the Court cannot
conclude that the complaint fails to state a claim or that the named defendant is
immune from suit. However, if Brock becomes employed he must pay the filing fee
or in the event that Brock recovers anything in this lawsuit he must pay the filing fee,
whichever occurs first.
Accordingly, the Court GRANTS Brock’s motion to proceed in forma pauperis
(Doc. 3) and motion for service of process at Government expense (Doc. 4). The
Clerk of Court is DIRECTED to complete, on plaintiff’s behalf, a summons and a
form USM-285 using the information provided by plaintiff in his complaint (see
Doc.2); the Clerk shall issue the completed summons. The United States Marshal
SHALL, pursuant to Federal Rule of Civil Procedure 4, personally serve upon
Defendant the summons, a copy of the complaint, and a copy of this Memorandum
and Order. All costs of service shall be advanced by the United States, and the Clerk
shall provide all necessary materials and copies to the United States Marshals
Service.
It is FURTHER ORDERED that plaintiff shall serve upon defendants, or if an
appearance has been entered by counsel, upon that attorney, a copy of every pleading
or other document submitted for consideration by this Court. Plaintiff shall include
with the original paper to be filed a certificate stating the date that a true and correct
copy of the document was mailed to defendants or counsel. Any paper received by
a district judge or a magistrate judge that has not been filed with the Clerk or that
fails to include a certificate of service will be disregarded by the Court.

Finally, plaintiff is ADVISED that he is under an obligation to keep the Clerk
of Court and opposing counsel informed of his address; the Court will not
independently investigate his whereabouts. This shall be done in writing and not
later than 7 days after a change in address occurs. Failure to comply with this order
will cause a delay in the transmission of court documents and may result in
dismissal of this action under Federal Rule of Civil Procedure 41.
IT IS SO ORDERED.
Signed this 22nd day of May, 2012.

Digitally signed by
David R. Herndon
Date: 2012.05.22
11:29:38 -05'00'
Chief Judge
United States District Court