Opinion
Case No. 07-12219.
October 11, 2007
ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR ALTERNATE SERVICE
At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan on October 11, 2007.
Joshua Copenhaver-Nelson ("Plaintiff") has filed a pro se civil rights complaint. On June 4, 2007, the Court granted Plaintiff's Application to Proceed without Prepayment of Fees and Costs, but ordered Plaintiff to submit three additional copies of the complaint to the Court for service on the Defendants. Instead of providing the necessary copies, Plaintiff filed an affidavit and a motion for alternate service. The motion and affidavit allege that Plaintiff is unable to reproduce his complaint because a prison official confiscated Plaintiff's only copy of the complaint. Plaintiff seeks to have the Court direct the Clerk of Court to serve the complaint on the Defendants at Defendants' expense and to provide Plaintiff with a copy of the complaint.
Plaintiff normally bears the burden of effectuating service of process and furnishing "the person effecting service with the necessary copies of the summons and complaint." See FED. R. CIV. P. 4(c)(1). However, because Plaintiff is proceeding in forma pauperis as provided in 28 U.S.C. § 1915, the Court is permitted to direct the United States Marshall to serve Plaintiff's process. See 28 U.S.C. § 1915(d). While this Court is permitted to order the United States Marshall to serve Defendants, this Court is not permitted to make the requested copies of Plaintiff's complaint. See 28 U.S.C. § 1915(c) (providing a list of expenses that a court can direct the United States to pay). Nor is this Court permitted to serve the Complaint on Defendants at their expense. Therefore, Plaintiff's Motion for Alternate Service is GRANTED IN PART and DENIED IN PART as follows:
IT IS ORDERED that the Clerk of Court mail one copy of the complaint to Plaintiff.
IT IS FURTHER ORDERED that Plaintiff make three copies of his complaint and return them to the Clerk of Court with a copy of this order within twenty-one (21) days of the date of this order. Failure to comply with this order may result in the dismissal of the complaint. If and when the Court receives the requisite number of copies, the Court will then direct the United States Marshal to serve the appropriate papers on Defendants without prepayment of the costs for such service.