Joseph v. Astrue

Filing 5

MEMORANDUM AND ORDER granting 2 Plaintiff's Motion for Leave to proceed in forma pauperis. The complaint shall be filed without payment of fees. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to attorney with 3 summons and 285 forms)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENNETH E. JOSEPH,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.

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8:12CV146

MEMORANDUM AND ORDER

Plaintiff, through counsel, has filed an application to Proceed in District Court Without
Prepaying Fees or Costs (filing no.2). The information contained in plaintiff's affidavit demonstrates
that plaintiff is eligible to proceed in forma pauperis.
IT IS ORDERED:
1.

Plaintiff's application, (filing no. 2) 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.

DATED this 2nd day of May, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge