Skinner v. City of New York et al

Filing 5

ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Plaintiff's counsel is hereby appointed to serve process on the defendants by mail. Ordered by Magistrate Judge Marilyn D. Go on 6/10/2014. (Proujansky, Josh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TYRON SKINNER,
Plaintiff,
ORDER
- against CV 2014-3586 (MKB)(MDG)
CITY OF NEW YORK, et al.,
Defendants.
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Plaintiff has moved for leave to proceed in forma pauperis
under 28 U.S.C. § 1915.

Section 1915(a) of Title 28 provides that:

Any court of the United States may authorize
the commencement, prosecution or defense of
any suit, action or proceeding, civil or
criminal, or appeal therein, without
prepayment of fees and costs or security
therefor, by a person who makes an affidavit
that he is unable to pay such costs or give
security therefor.
Because plaintiff has established by affidavit that he is currently
unable to pay such costs or to give security therefor, his
application is granted.
However, plaintiff may recover funds later in this action
sufficient to enable him to repay the filing fee.

If he is a

prevailing party after trial, he is entitled to recover costs
pursuant to Fed. R. Civ. P. 54(d)(1) and is authorized to recover
filing fees under Local Civil Rule 54.1(c)(10).

Thus, should

plaintiff recover monies in this litigation, whether after trial or
other disposition on the merits, or in settlement, plaintiff must
reimburse the Court for the fees and costs that are waived by this

order.

See Fodelmesi v. Schepplerly, 944 F. Supp. 285, 286

(S.D.N.Y. 1996); cf. Flint v. Haynes, 651 F.2d 970 (4th Cir. 1981)
(finding that use of the word "prepayment" in section 1915(a)
"indicates that Congress did not intend to waive forever the
payment of costs, but rather it intended to allow qualified
litigants to proceed without having to advance the fees and costs
associated with litigation.").
In addition, 28 U.S.C. § 1915(d) and F.R.C.P. 4(c)(3) require
that when a plaintiff is authorized to proceed in forma pauperis,
the court shall order a U.S. Marshal or someone specially
appointed to effect service.

Plaintiff's counsel is hereby

appointed to serve process on the defendants by mail.
sheet reflects that a summons was issued.

The docket

This Court notes that

the Marshals ordinarily serve process by mail, see Manson v.
Simply Food LIC LLC, 2010 WL 376644 at *2 (E.D.N.Y. Jan. 26, 2010)
(discussing the Marshal's service by mail).
SO ORDERED.
Dated:

Brooklyn, New York
June 10, 2014
__/s/_________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE

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