Simon v. Teroka et al

Filing 4

ORDER signed by Judge Lynn Adelman on 4/10/13 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: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

DARIEN SIMON,
Plaintiff,
v.

Case No. 13-C-0393

JANELLE TEROKA, et al.,
Defendants.

DECISION AND ORDER
Plaintiff Darien Simon has filed a lawsuit alleging racial discrimination. 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 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 affidavit of indigence. Upon review of that affidavit, the
court is satisfied that she meets the poverty requirements of 28 U.S.C. § 1915.
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.
Dated at Milwaukee, Wisconsin this 10th day of April, 2013.
s/ Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge

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