Walton v. High Priority Loans et al

Filing 5

ORDER granting 2 Application to proceed in forma pauperis and 3 Request for service of the initiating document by U.S. Marshal filed by Tina Cherise Walton. Signed by District Judge Arthur J. Tarnow. (DPer)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TINA CHERISE WALTON, Case No. 16-12085 Plaintiff, SENIOR U.S. DISTRICT JUDGE ARTHUR J. TARNOW v. HIGH PRIORITY LOANS, ET AL., U.S. MAGISTRATE JUDGE STEPHANIE DAWKINS DAVIS Defendants. / ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS [2] AND GRANTING PLAINTIFF’S REQUEST FOR SERVICE BY U.S. MARSHAL [3] On June 8, 2016, Plaintiff filed a pro se Complaint [Dkt. #1], an Application to Proceed In Forma Pauperis [2], and a Request for Service by U.S. Marshal [3]. The court may authorize the commencement of a suit “without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets . . . [indicating] that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1); see also McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997) (overruled on other grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013)). 1 Here, Plaintiff has submitted an affidavit stating that she has been on medical leave with no pay since May 16, 2016.1 She receives no other income and has no assets. The Court will therefore grant Plaintiff’s Application to Proceed In Forma Pauperis [2]. It is also appropriate to grant Plaintiff’s Request for Service by U.S. Marshal [3]. Reed-Bey v. Pramstaller, 607 F. App’x 445, 450 (6th Cir. 2015) (“When a plaintiff is proceeding in forma pauperis, the district court bears the responsibility for issuing the plaintiff’s process to a United States Marshal, who must effect service upon the defendants once the plaintiff has properly identified them.”) (citing 28 U.S.C. § 1915(d); FED. R. CIV. P. 4(c)(3); Byrd v. Stone, 94 F.3d 217, 219 (6th Cir. 1996)). Accordingly, IT IS ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis [2] is GRANTED. IT IS FURTHER ORDERED that Plaintiff’s Request for Service by U.S. Marshal [3] is GRANTED. SO ORDERED. Dated: September 16, 2016 1 s/Arthur J. Tarnow Arthur J. Tarnow Senior United States District Judge While working, Plaintiff’s gross pay was $560.00 per week. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?