Guerra v. Eisenberg Riley & Zimmerman SC

Filing 3

DECISION AND ORDER signed by Judge Lynn Adelman on 4/27/15 granting 2 Motion for Leave to Proceed in forma pauperis. Further ordering the U.S. Marshals Service to 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

ESMERALDA A. GUERRA,
Plaintiff,
v.

Case No. 15-CV-0472

EISENBERG RILEY & ZIMMERMAN SC,
Defendant.

DECISION AND ORDER
Plaintiff Esmeralda Guerra has filed an action against defendant Eisenberg Riley
& Zimmerman SC alleging employment discrimination based on race, national origin, and
disability. Ordinarily, a plaintiff must pay a filing fee of $400 to bring an action in federal
court, which includes the $350 statutory filing fee and a $50 administrative fee. 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).”). Here, the
heightened requirements of the Prison Litigation Reform Act do not apply. See West v.
Macht, 986 F. Supp. 1141, (W.D. Wis. 1997). 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 affidavit of indigence. Upon review of her affidavit, I
am satisfied that plaintiff meets the poverty requirements of 28 U.S.C. § 1915. Plaintiff’s
sole source of income is social security disability benefits, which total $816 per month, and
almost all of that goes to pay her monthly expenses. Additionally, plaintiff has stated the
nature of her claim and asserted her belief that she 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 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 27th day of April, 2015.
s/ Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge
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