SL v. Weichart et al

Filing 18

ORDER signed by Chief Judge William C Griesbach on 10-19-15. The Marshals Service shall serve the named Defendants. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
KEVIN SIERRA LOPEZ,
Plaintiff,
v.

Case No. 14-C-1480

LT. M. MALLISEE, et al.,
Defendants.

ORDER

Plaintiff was ordered to show cause why he did not provide the court, in a timely fashion,
with the names of the John Doe defendants he had named. His counsel now explains that the lapse
was entirely his fault, a product of case load and lack of assistance. He has now rectified the
problem by filing an amended complaint containing several named defendants. The substance of
the complaint was already screened, and so all that is left is to order service of the second amended
complaint upon the Defendants. Therefore,
IT IS ORDERED that the United States Marshal shall serve a copy of the second amended
complaint upon the defendants pursuant to Federal Rule of Civil Procedure 4. The plaintiff is
advised that Congress requires the U.S. Marshals Service to charge for making or attempting such
service. 28 U.S.C. § 1921(a). The current fee for waiver-of-service packages is $8.00 per item
mailed. 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 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.
IT IS ALSO ORDERED that the defendants shall file a responsive pleading to the
complaint.

Dated this 19th day of October, 2015.

/s William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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