Gee v. Milwaukee Board of School Directors et al

Filing 5

ORDER signed by Judge Lynn Adelman on 9/6/12 granting 2 Motion for Leave to Proceed in forma pauperis. Further ordering the U.S. Marshals Service shall to serve a copy of the complaint, a waiver of service form and/or the summons, and this order upon defendant. Plaintiff must provide defendant or its counsel with copies of all filings in this action. (cc: via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ANTOINE GEE,
Plaintiff,
v.

Case No. 12-C-0877

M.P.S. BOARD OF DIRECTORS,
Defendant.

ORDER
Plaintiff has commenced an employment-discrimination lawsuit in this court.
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. Under § 1915, an indigent party may commence
a lawsuit 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 affidavit of indigence. Upon review of his affidavit, the
court is satisfied that plaintiff meets the poverty requirements of 28 U.S.C. § 1915.
Additionally, plaintiff has stated the nature of this action and asserted his belief that he is
entitled to redress. Therefore, his request to proceed in forma pauperis will be granted.
THEREFORE, IT IS ORDERED that plaintiff’s request to proceed in forma pauperis
is GRANTED.

IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 4(c)(3), 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 defendant. 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. 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 defendant or its counsel with copies of all future
motions or papers filed by the plaintiff in this action.
Dated at Milwaukee, Wisconsin this 6th day of September, 2012.
s/ Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge

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