Ricchio v. Amazon.com Inc

Filing 6

ORDER signed by Judge Lynn Adelman on 4/13/12 granting 2 Motion for Leave to Proceed in forma pauperis. Further ordering 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. (cc: via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

DANIEL E. RICCHIO,
Plaintiff,
v.

Case No. 12-CV-00332

AMAZON.COM, INC.,
Defendant.

DECISION AND ORDER
Plaintiff Daniel Ricchio has filed a copyright infringement action against defendant
Amazon.com, Inc. Plaintiff asserts that defendant unlawfully displayed the cover art for
and sold his book defendant’s website. 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).”). Here, the
heightened requirements of the Prison Litigation Reform Act do not apply. See West v.
Macht, 986 F.Supp. 1141, (W.D. Wis. 1997). 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 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 affidavits of indigence. Upon review of those affidavits,
the court is satisfied that plaintiff meets the poverty requirements of 28 U.S.C. § 1915.
Plaintiff supports himself on an income of $778 per month, of which $754.16 goes to fixed
expenses. Additionally, plaintiff has stated the nature of this copyright infringement action
and asserted his belief that he is entitled to redress.
NOW, THEREFORE, IT IS HEREBY ORDERED that plaintiff’s request to proceed
in forma pauperis is GRANTED.
IT IS ADDITIONALLY ORDERED, pursuant to Fed. R. Civ. P. 4(c)(3), 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. Marshal’s 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. 28 C.F.R.
§§ 0.114(a)(2). 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 defendants or their counsel with copies of all
future motions or papers filed by the plaintiff in this action.

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Dated at Milwaukee, Wisconsin this 13th day of April, 2012.

s/_____________________________
LYNN ADELMAN
District Judge

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