Opinion
Case No. 13-C-0393
04-10-2013
DARIEN SIMON, Plaintiff, v. JANELLE TEROKA, et al., Defendants.
DECISION AND ORDER
Plaintiff Darien Simon has filed a lawsuit alleging racial discrimination. Ordinarily, a plaintiff must pay a statutory filing fee of $350 to bring an action in federal court. 28 U.S.C. § 1914(a). Plaintiff, however, has requested leave to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915. 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 that affidavit, the court is satisfied that she meets the poverty requirements of 28 U.S.C. § 1915.
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 defendants or their counsel with copies of all future motions or papers filed by the plaintiff in this action.
Dated at Milwaukee, Wisconsin this 10th day of April, 2013.
___________
LYNN ADELMAN
District Judge