Perez v. Walters et al
ORDER signed by Judge Brett H Ludwig on 9/15/22 granting 2 Motion for Leave to Proceed Without Prepayment of the Filing Fee. U.S. Marshals Service shall serve a copy of the complaint, waiver of service form and/or the summons, and this Order upon Defendants. (cc: all counsel and mailed to pro se party)(jad)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
KEVIN J PEREZ,
Case No. 22-cv-0805-bhl
OFFICER WLATERS, et al,
On July 13, 2022, Plaintiff Kevin J. Perez, proceeding without counsel, filed a complaint
and a motion for leave to proceed without prepayment of the filing fee. (ECF Nos. 1 & 2). The
Court has authority to allow a litigant to proceed without prepaying the filing fee if the Court
determines that the litigant is unable to pay the costs of commencing the action and the action is
not frivolous, fails to state a claim, or is brought against an immune defendant. Cf. 28 U.S.C.
With respect to his indigency, Perez’s motion indicates that he is unemployed and only
receives income from donating plasma for which he receives $120 per week. (ECF No. 2 at 1-2).
The motion further states that Perez has a 2001 GMC Sierra valued at approximately $1,000. (ECF
No. 2 at 3). Perez also alleges that he is responsible for monthly payments of rent ($400 per
month), credit cards ($300), and child support ($240). (ECF No. 2 at 2). On these facts, it appears
that Perez is sufficiently indigent for a fee waiver.
The Court must also review the complaint for sufficiency. Under Fed. R. Civ. P. 8(a), a
complaint must contain a “short and plain statement of the claim showing that the pleader is
entitled to relief.” Perez alleges that Defendants violated his civil rights by unlawfully arresting
him and ignoring his request to invoke his 5th Amendment rights to stay silent and for an attorney.
(ECF No. 1 at 2-3). The Court finds that Perez has pleaded enough facts to “‘give the defendant[s]
fair notice of what the claim[s] [are] and the grounds upon which [they] rest.’” Tamayo v.
Blagojevich, 526 F.3d 1074, 1083 (7th Cir. 2008) (quoting Lang v. TCF Nat’l Bank, 249 F. App’x
Case 2:22-cv-00805-BHL Filed 09/15/22 Page 1 of 2 Document 4
464, 466 (7th Cir. 2007)). Therefore, Perez’s complaint is neither frivolous nor malicious and
states arguable claims. As a result, he will be authorized to proceed with his case in forma
IT IS HEREBY ORDERED that Perez’s motion for leave to proceed without prepayment
of the filing fee (ECF No. 2) is GRANTED.
IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 4(c)(3), the U.S. Marshals
Service shall serve a copy of the complaint, waiver of service form and/or the summons, and this
Order upon Defendants. Perez is advised that Congress required 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). Congress has not made any provision
for waiver of these service fees.
Perez is now required, under Fed. R. Civ. P. 5(a), to send a copy of every paper or document
filed with the Court to the opposing parties or their attorneys. Perez should also retain a personal
copy of each document. The Court may disregard any papers or documents which do not indicate
that a copy has been sent to Defendants or their attorneys. Perez is further advised that his failure
to make a timely submission, including notifying the Court of any changes in address, may result
in the dismissal of this case for failure to prosecute under Civil L.R. 41.
IT IS FURTHER ORDERED that Defendants shall file a responsive pleading to the
complaint within the time allowed under the Federal Rules of Civil Procedure.
Dated at Milwaukee, Wisconsin on September 15, 2022.
s/ Brett H. Ludwig
BRETT H. LUDWIG
United States District Judge
Case 2:22-cv-00805-BHL Filed 09/15/22 Page 2 of 2 Document 4
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