Lindsey v. Concord Buying Group

Full title: JACQUELINE LINDSEY, Plaintiff, v. CONCORD BUYING GROUP, Defendant

Court: United States District Court, N.D. Indiana, Fort Wayne Division

Date published: Jan 3, 2007

CAUSE NO. 1:06-CV-413 AS (N.D. Ind. Jan. 3, 2007)

Opinion

CAUSE NO. 1:06-CV-413 AS.

January 3, 2007

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge

Jacqueline Lindsey, a pro se plaintiff, submitted a petition for leave to proceed in forma pauperis. Her petition declares that her take home pay is $250 a week, that she has two dependents, and that she has no significant assests. It appears that she is unable to pay the filing fee. Therefore, she will be granted leave to proceed in forma pauperis.

However, Ms. Lindsey's summons form and USM-285 form contain different addresses for the defendant. Because of this uncertainty, the U.S. Marshal Service cannot serve defendant at this time. Ms. Lindsey needs to return a completed summons and a USM-285 forms with the defendant's correct address, along with a motion for seeking service on defendant, to this Court by February 2, 2007. Failure to do so will result in a dismissal of the case without further notice.

For the foregoing reasons, the court:

(1) GRANTS the in forma pauperis petition (docket # 2);

(2) DEFERS the filing fee;

(3) ORDERS the Plaintiff to pay the $350.00 filing fee from the proceeds of any recovery that she receives in this case;

(4) DIRECTS the clerk to send two blank summons and one USM-285 forms to the Plaintiff;

(5) ORDERS the Plaintiff to return the completed summons and USM-285 forms with defendant's correct address, along with a motion seeking service on defendant, to this Court by February 2, 2007; and

(6) CAUTIONS the Plaintiff that failure to do so will result in a dismissal of the case without further notice.

IT IS SO ORDERED.