Khan v. United States of America et al

Filing 3

ORDER signed by Judge Lynn Adelman on 3/31/14 granting 2 Motion for Leave to Proceed in forma pauperis. Further ordering that the Clerk of Court issue the summonses to the plaintiff. (cc: via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

DIANNE KHAN,
Plaintiff,
v.

Case No. 14-C-0285

UNITED STATES OF AMERICA,
UNITED STATES MARSHALS SERVICE, and
JOHN DOE,
Defendants.

ORDER
Dianne Khan has filed a lawsuit in which she alleges that deputy U.S. Marshals
deprived her of her rights under the Fourth Amendment to the Constitution. Ordinarily, a
plaintiff must pay a statutory filing fee to bring an action in federal court. 28 U.S.C.
§ 1914(a). However, the plaintiff has petitioned for leave to proceed without prepayment
of the filing fee, pursuant to 28 U.S.C. § 1915. Having reviewed plaintiff’s petition, I
conclude that it should be granted.
When I grant a request to proceed without prepayment of the filing fee, I usually
direct that service of process be made by the U.S. Marshals service. See Fed. R. Civ. P.
4(c)(3). However, because the Marshals Service is a defendant, I will direct that the Clerk
of Court issue the summonses to the plaintiff so that she may choose how to serve the
defendants.
THEREFORE, IT IS HEREBY ORDERED that plaintiff’s request to proceed without
prepayment of the filing fee is GRANTED.

IT IS FURTHER ORDERED that the Clerk of Court issue the summonses to the
plaintiff.
Dated at Milwaukee, Wisconsin this 31st day of March, 2014.

s/ Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge

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