Opinion
Civil Action No. 07-313, Doc. No. 6.
March 26, 2007
ORDER
Plaintiff has filed a "Motion to Obtain Service of Process Without Pre-payment of the United States Marshal Fee" (Doc. No. 6). The Plaintiff notes he has been unemployed since September of 2005 and, apparently, the payment of service of process is cost prohibitive at this point. The Court notes, however, that even if it were to grant this motion, the United States Marshals Service will seek payment for services rendered at some point. The total cost of service is unknown to the Court, but Plaintiff, following Federal Rule of Civil Procedure Rule 4(d), may be able to effectuate his own service via the U.S. Mail using the Request for Waiver of Service of Summons Form. Therefore,
IT IS ORDERED this 26th day of March, 2007, that Plaintiff's "Motion to Obtain Service of Process Without Pre-payment of the United States Marshal Fee" (Doc. No. 6) is DENIED without prejudice.
IT IS FURTHER ORDERED that should Plaintiff still desire the U.S. Marshal to effectuate service of his complaint, he re-file his motion and provide the Court with a U.S. Marshal 285 form, a Notice of Lawsuit and Request for Waiver of Service of Summons Form and a true and correct copy of his complaint. Failure to include these forms will result in the case not being served and the Plaintiff eventually having to show cause why this case should not be dismissed for failure to prosecute.
IT IS FURTHER ORDERED that the Plaintiff is allowed ten (10) days from this date to appeal this order to a district judge pursuant to Rule 72.1.3(B) of the Local Rules for Magistrates. Failure to appeal within ten (10) days may constitute waiver of the right to appeal.
Motion to obtain Service of process without pre — payment of the United States Marshall Fee
1) Plantiff cannot afford to pay pre-payment of the United States Marshallfee.
2) Plantiff does not have any money available for fee or an attorney.
3) Plantiff is unemployed and has been since September of 2005.
4) Plantiff is currently unemployable due to an injury through his doctor (Pressman).
5) Plantiff will not be able to file his Lawsuit himself because he has no income.
6) Plantiff has no checking or saving accounts. Also no real estate or property.
7) Plantiff has no family who can afford to help him.
Wherefor, the plantiff ask the court Authorization to ontain service of process without pre-payment of the United State Marshal fee.