Steelman v. First State Investors 5000A, LLC

Filing 20

MEMORANDUM AND ORDER re: 18 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Connie Steelman motion is DENIED. Signed by District Judge Rodney W. Sippel on 7/31/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CONNIE STEELMAN,

)
)
Plaintiff,
)
)
vs.
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FIRST STATE INVESTORS 5000A, LLC, )
d/b/a BANK OF AMERICA,
)
)
Defendant.
)

Case No. 4:12CV160 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiff’s motion for leave to proceed in forma pauperis. On
June 18, 2012, I dismissed plaintiff’s complaint without prejudice as required by Rule 4(m) of
the Federal Rules of Civil Procedure for failure to obtain timely service on defendant. On July
18, 2012, I denied plaintiff’s motion for reconsideration of the dismissal because plaintiff did not
demonstrate that she obtained, or was even attempting to obtain, service on defendant. Now,
plaintiff seeks leave to proceed ifp so that she can “make every attempt to prove the allegations
to be true.” Again, plaintiff’s complaint was dismissed without prejudice because she failed to
obtain service on defendant. The dismissal was not on the merits of the case. Plaintiff is not
seeking to proceed ifp on appeal, so the Court will deny the motion as moot in this closed case.
The Federal Rules of Civil Procedure require a plaintiff to obtain service on a defendant before a
lawsuit can proceed. I cannot suspend these rules simply because plaintiff continues to insist that
her claims have merit.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [#18]
is denied as moot.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 31st day of July, 2012.

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