McMann et al v. United States of America

Filing 19

Chief Judge Patti B. Saris: ORDER entered. The motion to use existing financial affidavit (Docket No. 17) and declaration (Docket No. 5) are construed as motions for leave to proceed in forma pauperis and are granted. Pursuant to 28 U.S.C. § 1915(b)(1), the Court assesses an initial partial filing fee of $10..80. The remainder of the fee, $339.20, shall be collected in accordance with 28 U.S.C. § 1915(b)(2). The motion for appointment of counsel (Docket No. 2) and motion for hearing (Docket No. 13) are denied without prejudice. The motion to correct court record (Docket No. 16) is granted. The Clerk shall issue summonses for service of the complaint on defendants Holder and the United States. The Clerk shall send the summonses, complaint, and this Order to the plaintiff, who must thereafter serve the defendants in accordance with Federal Rule of Civil Procedure 4(m).The defendants are required to respond to the complaint. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
PAUL J. McMANN,
Plaintiff,
v.
UNITED STATES OF AMERICA and
ATTORNEY GENERAL ERIC HOLDER,
Defendants.

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C.A. No. 12-11872-PBS

ORDER
1.

The motion to use existing financial affidavit (Docket

No. 17) and declaration (Docket No. 5) are construed as motions
for leave to proceed in forma pauperis and are granted.

Pursuant

to 28 U.S.C. § 1915(b)(1), the Court assesses an initial partial
filing fee of $10..80.

The remainder of the fee, $339.20, shall

be collected in accordance with 28 U.S.C. § 1915(b)(2).
2.

The Clerk shall issue summonses for service of the

complaint on defendants Holder and the United States.
3.

The Clerk shall send the summonses, complaint, and this

Order to the plaintiff, who must thereafter serve the defendants
in accordance with Federal Rule of Civil Procedure 4(m).

The

plaintiff may elect to have service made by the United States
Marshal Service. If directed by the plaintiff to do so, the
United States Marshal shall serve the summonses, complaint, and
this Order upon the defendants, in the manner directed by the
plaintiff, with all costs of service to be advanced by the United
States.

Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1,

the plaintiff shall have 120 days from the date of this Order to

complete service.
4.

The defendants are required to respond to the

complaint.
5.

See 42 U.S.C. § 1997e(g)(2).
The motion for appointment of counsel (Docket No. 2)

and motion for hearing (Docket No. 13) are denied without
prejudice.
6.

The motion to correct court record (Docket No. 16) is

granted.
SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
UNITED STATES DISTRICT JUDGE

March 26, 2013
DATE

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