Brown v. Kansas, State of et al

Filing 14

ORDER granting 3 Motion for Leave to Proceed in forma pauperis; granting 13 Motion for Reconsideration; finding as moot 12 Report and Recommendations. Plaintiff is directed to provide addresses of all named defendants by no later than 12 /2/2021, so that the Clerk may proceed with service of process. The Clerk shall issue summons to the US Marshal or Deputy Marshal, who are appointed pursuant to Fed.R.Civ.P. 4(c)(3). Signed by Magistrate Judge James P. O'Hara on 11/18/2021. Mailed to pro se party Annette Brown by regular and certified mail; Certified Tracking Number: 7018 0680 0001 8173 8240. (heo)

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Case 2:21-cv-02479-JAR-JPO Document 14 Filed 11/18/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ANNETTE BROWN, ) ) ) ) ) ) ) ) ) Plaintiff, v. STATE OF KANSAS, et al. Defendants. Case No. 21-2479-JAR ORDER The pro se plaintiff, Annette Brown, has moved to proceed with this action in forma pauperis (“IFP application”) (ECF No. 3). On November 15, 2021, the undersigned U.S. Magistrate Judge, James P. O’Hara, entered a report and recommendation, suggesting the presiding U.S. District Judge, Julie A. Robinson, deny plaintiff=s IFP application because plaintiff did not file a supplemental financial affidavit that would support the waiver of court costs and fees (ECF No. 12). On November 18, 2021, plaintiff filed a motion for reconsideration of the report and recommendation, which included the missing financial information (ECF No. 13). The court now finds information in the record supports the granting of plaintiff’s IFP application. IT IS THEREFORE ORDERED that plaintiff’s IFP application (ECF No. 3) is granted. If not previously provided, plaintiff is directed to provide the addresses of all named defendants by no later than December 2, 2021, so that the Clerk of the Court may proceed with service of process. The Clerk shall issue summons to the U.S. Marshal or Deputy Marshal, who are appointed pursuant to Fed. R. Civ. P. 4(c)(3). O:\ORDERS\21-2479-JAR-3, 12, 13docx.docx Case 2:21-cv-02479-JAR-JPO Document 14 Filed 11/18/21 Page 2 of 2 IT IS FURTHER ORDERED that plaintiff’s motion for reconsideration (ECF No. 13) of the report and recommendation is granted. The report and recommendation (ECF No. 12) shall be deemed moot. A copy of this order shall be mailed to plaintiff by certified and regular mail. IT IS SO ORDERED. November 18, 2021, at Kansas City, Kansas. s/ James P. O=Hara James P. O=Hara U. S. Magistrate Judge 2

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