Richmond v. United States of America

Filing 5

ORDER signed by Judge Lynn Adelman on 12/12/14 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: via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
JOHNNY LEE RICHMOND,
Plaintiff,
v.

Case No. 14-cv-1094

UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
ORDER
On October 24, 2014, I granted plaintiff’s motion for leave to proceed in forma
pauperis. Pursuant to Fed. R. Civ. P. 4(c)(3), I am required to order the U.S. Marshals
Service to serve defendant.
THEREFORE, IT IS ORDERED 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 defendant or its counsel with copies of all future
motions or papers filed by the plaintiff in this action.
Dated at Milwaukee, Wisconsin, this 12th day of December, 2014.
s/ Lynn Adelman
LYNN ADELMAN
District Judge