Fair v. Basic Metal Inc

Filing 3

ORDER signed by Judge Lynn Adelman on 10/18/06 granting 2 Motion for Leave to Proceed in forma pauperis. (cc: pro se plaintiff) (Wesolek, Marie)

Fair v. Basic Metal Inc

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Case 2:06-cv-01072-AEG

Filed 10/18/2006

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

TIMOTHY FAIR, Plaintiff, v. BASIC METAL INC, Defendant. Case No. 06C1072

DECISION AND ORDER Plaintiff Timothy Fair, proceeding pro se, has filed an action against his former employer, defendant Basic Metal Inc., under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq, and the American's with Disabilities Act, 42 U.S.C. § 12101 et seq. alleging that he had been subjected to discriminatory acts on the basis of his race and disability and had experienced a hostile work environment. Ordinarily, a plaintiff must pay a statutory filing fee of $350 to bring an action in federal court. 28 U.S.C. § 1914(a). Plaintiff, however, has requested leave to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915. Section 1915 is meant to ensure indigent litigants meaningful access to federal courts, Nietzke v. Williams, 490 U.S. 319, 324 (1989), and applies to both nonprisoner plaintiffs and to plaintiffs who are incarcerated, Floyd v. United States Postal Serv., 105 F.3d 274, 275-77 (6th Cir. 1997) ("[T]he only logical interpretation of the statute is that nonprisoners have the option to proceed in forma pauperis under § 1915(a)."). Under § 1915, an indigent party may commence a federal court action, without paying required costs and fees, upon submission of an affidavit asserting inability "to pay such fees or give

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Case 2:06-cv-01072-AEG

Filed 10/18/2006

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security therefor" and stating "the nature of the action, defense or appeal and the affiant's belief that the person is entitled to redress." 28 U.S.C. § 1915(a)(1). Plaintiff has filed the required affidavit of indigence. Upon review of that affidavit, I am satisfied that plaintiff meets the poverty requirements of 28 U.S.C. § 1915. Plaintiff avers that he has approximately $900.00 in monthly expenses and that his current income varies widely and is insufficient to cover the cost of filing suit. NOW, THEREFORE, IT IS HEREBY ORDERED that plaintiff's request to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED, pursuant to Fed. R. Civ. P. 4(c)(2), that the U.S. Marshals Service shall serve a copy of the complaint, a waiver of service form and/or the summons, and this order upon defendants. Plaintiff is advised that Congress requires the U.S. Marshals Service to charge for making or attempting such service. 28 U.S.C. § 1921(b). The current fee for waiver-of-service packages is $8 per item. The full fee schedule is provided in Revision to United States Marshals Service Fees for Services, 65 Fed. Reg. 47,859, at 47,862 (Aug. 4, 2000) (to be codified at 28 C.F.R. §§ 0.114(a)(2), (a)(3)). Although Congress requires the court to order service by the U.S. Marshals Service precisely because in forma pauperis plaintiffs are indigent, it has not made any provision for these fees to be waived either by the court or by the U.S. Marshals Service. Plaintiff, however, should provide defendant or his counsel with copies of all future motions or papers filed by the plaintiff in this action.

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Case 2:06-cv-01072-AEG

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Dated at Milwaukee, Wisconsin this 18 day of October, 2006.

/s_____________________________ LYNN ADELMAN District Judge

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