Opinion
Case No. 16-12085
09-16-2016
TINA CHERISE WALTON, Plaintiff, v. HIGH PRIORITY LOANS, ET AL., Defendants.
U.S. MAGISTRATE JUDGE STEPHANIE DAWKINS DAVIS
ORDER GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS [2] AND GRANTING PLAINTIFF'S REQUEST FOR SERVICE BY U.S. MARSHAL [3]
On June 8, 2016, Plaintiff filed a pro se Complaint [Dkt. #1], an Application to Proceed In Forma Pauperis [2], and a Request for Service by U.S. Marshal [3]. The court may authorize the commencement of a suit "without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets . . . [indicating] that the person is unable to pay such fees or give security therefor." 28 U.S.C. § 1915(a)(1); see also McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997) (overruled on other grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013)).
Here, Plaintiff has submitted an affidavit stating that she has been on medical leave with no pay since May 16, 2016. She receives no other income and has no assets. The Court will therefore grant Plaintiff's Application to Proceed In Forma Pauperis [2]. It is also appropriate to grant Plaintiff's Request for Service by U.S. Marshal [3]. Reed-Bey v. Pramstaller, 607 F. App'x 445, 450 (6th Cir. 2015) ("When a plaintiff is proceeding in forma pauperis, the district court bears the responsibility for issuing the plaintiff's process to a United States Marshal, who must effect service upon the defendants once the plaintiff has properly identified them.") (citing 28 U.S.C. § 1915(d); FED. R. CIV. P. 4(c)(3); Byrd v. Stone, 94 F.3d 217, 219 (6th Cir. 1996)). Accordingly,
While working, Plaintiff's gross pay was $560.00 per week.
IT IS ORDERED that Plaintiff's Application to Proceed In Forma Pauperis [2] is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's Request for Service by U.S. Marshal [3] is GRANTED.
SO ORDERED.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge Dated: September 16, 2016