Smith v. County of Sherburne, The et al

Filing 6

ORDER granting 3 Application to Proceed in District Court without Prepaying Fees or Costs. See Order for details. Signed by Magistrate Judge Dulce J. Foster on 1/6/2025. (AEJ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Case No. 24-CV-4488 (KMM/DJF)

Romelle Smith,
Plaintiff,
v.
County of Sherburne; Joel Brott, Sherburne
County Sheriff; Patt Carr, Previous Sherburne
County Jail Commander; Brian Frank, current
Sherburne County Jail Commander and
previous Sherburne County Jail
Administrator; Dave Isias, Assistant
Sherburne County Jail Administrator; and
Mark Fritel, Sherburne County Jail Program
Coordinator, in their individual and official
capacities,

ORDER

Defendants.

IT IS HEREBY ORDERED THAT:
1.

The application to proceed in forma pauperis of Plaintiff Romelle Smith (ECF
No. 3) is GRANTED.

2.

Mr. Smith must submit a properly completed Marshal Service Form (Form USM285) for each Defendant. If Mr. Smith does not complete and return the Marshal
Service Forms by February 5, 2025, the Court will recommend that this matter be
dismissed without prejudice for failure to prosecute. The Court will provide
Marshal Service Forms to Mr. Smith.

3.

After Mr. Smith returns the completed Marshal Service Forms, the Clerk of Court
is directed to seek waivers of service from Defendants Joel Brott, Patt Carr, Brian

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Frank, Dave Isias, and Mark Fritel in their individual capacities, consistent with
Rule 4(d) of the Federal Rules of Civil Procedure.
4.

If a Defendant sued in his or her individual capacity fails without good cause to
sign and return a waiver within 30 days of the date when the waiver is mailed, the
Court will impose upon that Defendant the expenses later incurred in effecting
service of process. Absent a showing of good cause, reimbursement of the costs of
service is mandatory and will be imposed in all cases in which a Defendant does
not sign and return a waiver of service form. See Fed. R. Civ. P. 4(d)(2).

5.

The U.S. Marshals Service is directed to effect service of process on Defendant
Sherburne County and each of the Defendants in their official capacities as agents
of Sherburne County consistent with Rule 4(j) of the Federal Rules of Civil
Procedure.

6.

Because this matter was severed from a prior action in which the filing fee was
already paid, see Goldmann v. Sherburne County Sheriffs Department, No. 21-CV2530 (KMM/DJF), no filing fee will be assessed with respect to Mr. Smith, see 28
U.S.C. § 1915(b).

Dated: January 6, 2025

s/ Dulce J. Foster
Dulce J. Foster
United States Magistrate Judge

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