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)

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)).
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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

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s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

While working, Plaintiff’s gross pay was $560.00 per week.

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