Avila v. United States Department of Commerce et al

Filing 5

MEMORANDUM AND ORDER - The plaintiff's application for leave to proceed in forma pauperis is granted, and the complaint shall be filed without payment of fees. The Clerk of Court shall send a copy of this Memorandum and Order together with three summons forms and three Form 285 to the plaintiff's attorney of record for service of process on the United States. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BENJAMIN AVILA,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
COMMERCE, and LORI
MCCALISTER, Individually and in her
capacity as Assistant Manager,
Recruitment Bureau of the Census,
Defendants.

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4:12CV3012

MEMORANDUM AND ORDER

This matter is before the court on the plaintiff’s application for leave to proceed in
forma pauperis (IFP). Upon review of the plaintiff’s financial affidavit, the plaintiff is
provisionally granted leave to proceed IFP.

Accordingly,

IT IS ORDERED:
1)

The plaintiff’s application for leave to proceed in forma pauperis is granted, and
the complaint shall be filed without payment of fees.

2)

The Clerk of Court shall send a copy of this Memorandum and Order together with
three summons forms and three Form 285 to the plaintiff's attorney of record for
service of process on the United States.

3)

If requested to do so, the United States Marshal shall serve all process in this case
without prepayment of fees from the Plaintiff. In making such a request, Plaintiff’s
counsel must complete the Marshal’s Form 285, to be submitted to the Marshal with
the completed summons forms and copies of the Complaint. In the absence of those
forms, service of process by the Marshal cannot occur.

4)

This order is entered without prejudice to the court later entering an order taxing
costs in this case. No one, including any plaintiff, is relieved by this order from the
obligation to pay or to reimburse taxable costs after this action is over.
January 24, 2012.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge