Brown v. Delmonte et al

Filing 5

Judge Indira Talwani: ORDER entered denying without prejudice 2 Motion to Appoint Counsel ; granting 3 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue summonses and the plaintiff shall serve the summonses, complaint, and t his order upon the defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure and Local Rule 4.1. The plaintiff shall also serve a copy of the complaint and this order upon the Attorney General of Massachusetts. Because the plaint iff is proceeding in forma pauperis, he may elect to have the United States Marshals Service complete service with all costs of service to be advanced by the United States. The plaintiff shall have 90 days from the date of the issuance of the summonses to complete service. (PSSA, 3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
LAURENCE BROWN,
Plaintiff,
v.

Civil Action No. 16-cv-10983-IT

CHIEF CHRISTOPHER DELMONTE
and BROCKTON DISTRICT COURT,
Defendants.
ORDER
August 8, 2016
TALWANI, D.J.
1.

The motion for leave to proceed in forma pauperis is GRANTED.

2.

The Clerk shall issue summonses and the plaintiff shall serve the summonses,

complaint, and this order upon the defendants in accordance with Rule 4 of the Federal Rules of
Civil Procedure and Local Rule 4.1.
3.

In light of the plaintiff’s challenge to the constitutionality of a state statute, the

plaintiff shall also serve a copy of the complaint and this order upon the Attorney General of
Massachusetts “either by certified or registered mail or by sending it to an electronic address
designated by the attorney general for this purpose.” Fed. R. Civ. P. 5.1(a)(2).
4.

Because the plaintiff is proceeding in forma pauperis, he may elect to have the

United States Marshals Service (“USMS”) complete service with all costs of service to be
advanced by the United States. If so asked by the plaintiff, the USMS shall serve a copy of the
summonses, complaint, and this order upon the defendants and the Attorney General of
Massachusetts as directed by plaintiff. The plaintiff is responsible for providing the USMS all

copies for service and for completing a USM-285 form for each party to be served. The Clerk
shall provide the plaintiff with forms and instructions for service by the USMS.
5.

The plaintiff shall have 90 days from the date of the issuance of the summonses to

complete service.
6.

The motion for appointment of counsel is DENIED WITHOUT PREJUDICE.

SO ORDERED.
/s/ Indira Talwani
Indira Talwani
United States District Judge

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