Little v. Levy Premium Food Service

Filing 5

ORDER signed by Judge Rudolph T. Randa on 10/30/2014 GRANTING 2 Plaintiff's MOTION for Leave to Proceed in forma pauperis. US Marshal to serve copy of complaint, summons, and this Order on the defendant pursuant to FRCP 4. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOHNNIE LITTLE,
Plaintiff,
v.

Case No. 14-C-1063

LEVY PREMIMUM FOOD SERVICE,
doing business as Levy Restaurants
Defendant.

DECISION AND ORDER
The Court has reviewed Plaintiff Johnnie Little’s (“Little”) request
for leave to proceed in forma pauperis (ECF No. 2) in the above captioned
action against his former employer, Defendant Levy Premium Food Service
(“Levy Food”), alleging that it discriminated against him based on his race
(African-American) by subjecting him to disparate treatment and a hostile
work environment as supplemented by his October 28, 2014, filing
indicating that he has exhausted his administrative remedies. Based on
such review, Little’s request is granted. See 28 U.S.C. § 1915(a) & (e)(2).
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Little’s petition for leave to proceed in forma pauperis (ECF No. 2) is
GRANTED.

The United States Marshal must SERVE a copy of the Complaint,
the summons, and this Decision and Order upon the Defendant pursuant
to Federal Rules of Civil Procedure 4.

Little is advised that Congress

requires the United States Marshals Service to charge for making or
attempting such service. 28 U.S.C. § 1921(a). The fee for waiver-of-service
packages is $8.00 per item. The full fee schedule is provided at 28 C.F.R. §
0.114(a)(2), (a)(3).
Although Congress requires the Court to order service by the United
States Marshals Service because in forma pauperis plaintiffs are unable to
pay the filing fee, it has not made any provision for these fees to be waived
either by the Court or by the United States Marshals Service.
Dated at Milwaukee, Wisconsin, this 30th day of October, 2014.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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