Jenkins et al v. Burkey et al
Filing
4
ORDER, granting 3 MOTION for Leave to Proceed in forma pauperis filed by Scott Jenkins, Rhonda Stephanie Alexandropoulos. Signed by Judge J. Phil Gilbert on 7/28/2016. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SCOTT JENKINS et al.,
Plaintiffs,
V.
Case No. 16-cv-792 JPG/SCW
BRUCE BURKEY et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiffs’ motion for leave to proceed in forma
pauperis (Doc.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 plaintiffs’ affidavit that they are 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 (Doc.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 plaintiffs 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 if the plaintiff desires such service. Fed. R. Civ. P. 4(c)(3).
If the plaintiffs wish the United States Marshals Service to serve process in this case, the
Court DIRECTS the plaintiffs 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 plaintiffs. Costs of
service shall be borne by the United States.
IT IS SO ORDERED.
DATED: July 28, 2016
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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