Wiles et al v. Colvin

Filing 5

MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The complaint shall be filed without payment of fees. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with 3 summons and 285 forms)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FRANCELLA WILES and JUDY T.
WILES (rep),
4:13-CV-3063
Plaintiffs,
MEMORANDUM AND ORDER ON
APPLICATION TO PROCEED IN
FORMA PAUPERIS

vs.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

The plaintiffs, non-prisoners, have filed an application to proceed in
forma pauperis (filing 2). The plaintiffs' application demonstrates that the
plaintiffs are eligible to proceed in forma pauperis.
IT IS ORDERED:
1.

Plaintiffs' application to proceed in forma pauperis (filing 2) is
granted, and the complaint shall be filed without payment of fees.

2.

The Clerk of the Court shall send a copy of this memorandum
and order together with three summons forms and three copies of
Form 285 to the plaintiffs for service of process on the United
States. Federal Rule of Civil Procedure 4(m) requires service of
process by no later than 120 days after the filing of a civil
complaint.

3.

If requested to do so, the United States Marshal shall serve all
process in this case without prepayment of fees from the
plaintiffs. In making such a request, plaintiffs must complete the
Marshal's Form 285, to be submitted to the Clerk of the Court
with the completed summons forms. (See attached Notice for
persons to be served.) Without those forms, service of process
cannot occur.

4.

Upon receipt of the completed summons forms and USM-285
forms, the Clerk shall sign the summonses and forward them,
together with copies of the complaint, to the U.S. Marshal for
service on the United States.

5.

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.

Dated this 21st day of March, 2013.
BY THE COURT:
John M. Gerrard
United States District Judge

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Notice Regarding Federal Rule of Civil Procedure 4(i)
Federal Rule of Civil Procedure 4(i) regarding "Serving the United States and
Its Agencies, Corporations, Officers, or Employees," states:
(1)

United States. To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the complaint to the
United States attorney for the district where the action is
brought--or to an assistant United States attorney or
clerical employee whom the United States attorney
designates in a writing filed with the court clerk--or
(ii)

send a copy of each by registered or certified mail to
the civil-process clerk at the United States attorney's
office;

(B)

(C)

(2)

send a copy of each by registered or certified mail to the
Attorney General of the United States at Washington, D.C.;
and
if the action challenges an order of a nonparty agency or
officer of the United States, send a copy of each by
registered or certified mail to the agency or officer.

Agency; Corporation; Officer or Employee Sued in an Official
Capacity. To serve a United States agency or corporation, or a
United States officer or employee sued only in an official capacity,
a party must serve the United States and also send a copy of the
summons and of the complaint by registered or certified mail to
the agency, corporation, officer, or employee.

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