Rutledge, Jr. v. Washington Group - Alberici

Filing 5

MEMORANDUM AND ORDER, granting 2 MOTION for Leave to Proceed in forma pauperis filed by George Rutledge, Jr. and 3 MOTION for Service of Process at Government Expense filed by George Rutledge, Jr. Signed by Judge J. Phil Gilbert on 9/28/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GEORGE RUTLEDGE, JR.,
Plaintiff,
V.

Case No. 15-cv-1003 JPG/SCW

WASHINGTON GROUP-ALBERICI,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the plaintiff’s motion for leave to proceed in forma
pauperis and motion for service of process at government expense (Doc. 2&3). 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. 28 U.S.C. § 1915(e)(2)(B)(i). 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). When assessing a motion to
proceed in forma pauperis, a district court should inquire into the merits of the plaintiff’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 plaintiff’s affidavit that he is indigent. Furthermore, the Court
does not find anything in the file to indicate that this action is frivolous or malicious. Therefore,
the Court GRANTS the motion to proceed in forma pauperis without prepayment of fees and costs
and motion for service of process at government expense (Doc. 2&3). The Court notes, however,

that should it become apparent that the action is frivolous or malicious at any time in the future, it
may dismiss the case pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
The plaintiff having been granted leave to proceed in forma pauperis, the Court must order
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 Marshals Service to serve process in this case, the
Court DIRECTS the plaintiff to provide to the United States Marshals 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 the summons, complaint and this order upon the defendant 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: September 28, 2015
s/J.Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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