Costa v. Massachusetts Partnership Correctional Health et al

Filing 10

Judge Richard G. Stearns: ORDER entered granting 8 Motion for Reconsideration ; granting 9 Motion for Leave to Proceed in forma pauperis. The Clerk shall reopen this case. The Clerk shall issue summonses and the plaintiff shall serve the summ onses, complaint, and this order upon the defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure and Local Rule 4.1. Because the plaintiff 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. [Copy of order mailed to plaintiff and treasurer of MCI Norfolk on 12/22/2017.] (PSSA, 3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-12201-RGS
MARCO COSTA
v.
MASSACHUSETTS PARTNERSHIP CORRECTIONAL HEALTH, et al.
ORDER
December 21, 2017
STEARNS, D.J.
On December 6, 2017, the court dismissed this action without
prejudice because plaintiff Marco Costa had failed to pay the filing fee or
seek leave to proceed in forma pauperis. On December 18, 2017, Costa
filed motions for reconsideration and for leave to proceed in forma
pauperis.
Accordingly:
1.

The motion for reconsideration is GRANTED and the Clerk

shall reopen this case.
2.

The motion for leave to proceed in forma pauperis is

GRANTED. Pursuant to 28 U.S.C. § 1915(b)(1), the court assesses an initial
partial filing fee of $29.81. The rest of the filing fee, $320.19, shall be
collected in accordance with 28 U.S.C. § 1915(b)(2). The Clerk shall send a

copy of this order to the treasurer of the institution having custody of the
plaintiff.
3.

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.
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 as directed by plaintiff. The plaintiff is
responsible for providing the USMS with 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. Unless otherwise ordered by the court,
failure to comply with this directive will result in dismissal of the action.
SO ORDERED.
/s/ Richard G. Stearns
__________________________
UNITED STATES DISTRICT JUDGE
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