Moore v. AFC Inc. et al

Filing 7

ORDER. Signed by Chief Judge Jon Phipps McCalla on 4/4/13. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
________________________________________________________________
TONI MOORE,
Plaintiff,
v.
AFC, INC.;
AUTOMOTIVE FINANCE CORP.;
KAR AUCTION SERVICES, INC.;
and ADESA, INC.,
Defendants.

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No. 12-cv-3100-JPM-cgc

ORDER

Before the Court is the above-captioned action, Civil Case
No. 12-3100.

On January 4, 2012, the Court granted Plaintiff’s

Motion for Leave to Proceed in forma pauperis.

(ECF No. 4.)

Pursuant to Federal Rule of Civil Procedure 4(c)(3), the court
must order the U.S. Marshals Service to effect service of
process when a plaintiff is authorized to proceed in forma
pauperis under 28 U.S.C. § 1915.

See Byrd v. Stone, 94 F.3d

217, 219 (6th Cir. 1996) (“Together, [Rule 4(c)(3)] and 28
U.S.C. § 1915(c) stand for the proposition that when a plaintiff
is proceeding in forma pauperis the court is obligated to issue
plaintiff’s process to a United States Marshal who must in turn
effectuate service upon the defendants, thereby relieving a
plaintiff of the burden to serve process once reasonable steps

have been taken to identify for the court the defendants named
in the complaint.”).
Plaintiff has reasonably identified the Defendants in his
Complaint (ECF No. 1), including their addresses and the
addresses of their respective agents for service of process (see
id. ¶¶ 3, 4, 5).
It is ORDERED that the Clerk shall issue process for
Defendants Automotive Finance Corporation, doing business as
AFC, Inc.; Kar Auction Services, Inc.; and Adesa, Inc., and
deliver that process to the marshal for service.

Service shall

be made on Defendants in a manner pursuant to Federal Rule of
Civil Procedure 4(h)(1) and within 120 days from the date the
Complaint was filed, up to and including April 29, 2013,
pursuant to Federal Rule of Civil Procedure 4(m).

All costs of

service shall be advanced by the United States.
IT SO ORDERED this 4th day of April, 2013.

/s/ Jon P. McCalla
CHIEF U.S. DISTRICT JUDGE