Jordan v. Donahoe

Filing 6

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge David R. Herndon on 1/10/14. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CARLOS JORDAN,

Plaintiff,

v.

No. 14-0009-DRH

PATRICK DONAHOE, Postmaster General,

Defendant.
MEMORANDUM and ORDER

HERNDON, Chief Judge:
On December 4, 2013, Carlos Jordan filed an employment discrimination
suit against Patrick R. Donahoe in the District Court for the District of Columbia
(Doc. 1). Jordan’s complaint alleges that he suffered discrimination during his
employment with the United States Postal Service in Carbondale, Illinois.

That

same day, District Judge Colleen Kollar-Kotelly transferred the case to this Court
(Doc. 3). Now before the Court is plaintiff’s motion to proceed in district court
without prepaying fees or costs (Doc. 2). Because the Court finds that Jordan is
indigent, the Court grants the motion.

Page 1 of 4

By granting a motion for pauper status, a court authorizes a lawsuit to
proceed without prepayment of fees. Under 28 U.S.C. § 1915(e)(2), 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).
Jordan’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. Accordingly, the Court GRANTS Jordan’s motion
(Doc. 2).
The Clerk of Court is DIRECTED to complete, on plaintiff=s behalf, a
summons and a form USM-285 for service of process on Defendant, the United
States Attorney for the Southern District of Illinois, and the Attorney General of the
United States; the Clerk SHALL issue the completed summons.

Pursuant to

Federal Rule of Civil Procedure 4(i), the United States Marshal SHALL (1) send by
registered or certified mail a copy of the summons, the complaint, and this
Memorandum and Order to Defendant; (2) personally deliver to or send by
registered or certified mail addressed to the civil-process clerk at the office of the
Page 2 of 4

United States Attorney for the Southern District of Illinois a copy of the summons,
the complaint, and this Memorandum and Order; and (3) send by registered or
certified mail to the Attorney General of the United States at Washington, D.C., a
copy of the summons, the complaint, and 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.
Plaintiff is ADVISED pursuant to Rule 4(m) that this action may be
dismissed without prejudice if service is not effected within 120 days of the date of
this Memorandum and Order.
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 each defendant or counsel.
Any paper received by a district judge or a magistrate judge which has not been filed
with the Clerk or which 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 each opposing party informed of any change in 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
Page 3 of 4

this order will cause a delay in the transmission of court documents and may result
in dismissal of this action for want of prosecution. See FED.R.CIV.P. 41(b).
IT IS SO ORDERED.
Signed this 10th day of January, 2014.

David R.
Herndon
2014.01.10
03:39:16 -06'00'

Chief Judge
United States District Court

Page 4 of 4