Hoeller v. Village of Barrington Manager

Filing 4

DECISION AND ORDER signed by Judge Lynn Adelman on 4/24/14 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 defendant. (cc: via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

TIMOTHY L. HOELLER,
Plaintiff,
v.

Case No. 14-CV-00398

VILLAGE OF BARRINGTON MANAGER,
on behalf of Village Board and Police,
Defendants.

DECISION AND ORDER
Pro se plaintiff Timothy Hoeller has filed an action against the Village of Barrington,
Illinois under 42 U.S.C. § 1983 asserting that police officers in the village violated his civil
rights. Ordinarily, a plaintiff must pay a statutory filing fee of $400 to bring an action in
federal court. 28 U.S.C. § 1914(a). However, plaintiff 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 the 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 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,
I am satisfied that plaintiff meets the poverty requirements of 28 U.S.C. § 1915. Plaintiff
supports himself on an income of $1850 per month, which comes from Social Security
benefits. He needs at least $1600 each month to cover his fixed expenses. Additionally,
plaintiff has stated the nature of his claim 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 defendant. 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 defendant or their counsel with copies of all future
motions or papers filed by plaintiff in this action.
Dated at Milwaukee, Wisconsin this 24th day of April, 2014.

s/ Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge
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