Hawk v. Danforth - Document 3

Hawk v. Danforth Doc. 3 Case 1:06-cv-00223-WCG Filed 02/28/2006 Page 1 of 2 Document 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN DANIEL HAWK, Plaintiff, v. GERALD DANFORTH, Defendant. Case No. 06-C-223 ORDER Plaintiff Hawk has filed an action alleging violations of the Native American Graves and Repatriation Act of 1990, 25 U.S.C. § 3001, et seq. Ordinarily, a plaintiff must pay a statutory filing fee of $250 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. Section 1915 is meant to ensure indigent litigants meaningful access to federal courts. Nietzke v. Williams, 490 U.S. 319, 324 (1989). An indigent plaintiff 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 affiant's belief that the person is entitled to redress." 28 U.S.C. § 1915(a)(1). Plaintiff filed the required affidavit of indigence. Upon review of that affidavit, it appears that plaintiff cannot pay the $250 filing fee. NOW, THEREFORE, IT IS HEREBY ORDERED that plaintiff's request to proceed in forma pauperis is granted. Dockets.Justia.com  Case 1:06-cv-00223-WCG Filed 02/28/2006 Page 2 of 2 Document 3 IT IS FURTHER ORDERED, pursuant to Fed. R. Civ. P. 4(c)(2), 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 defendant. Plaintiff is advised that Congress requires the U.S. Marshals Service to charge for making or attempting such service. 28 U.S.C. § 1921(b). The current fee for waiver-ofservice packages is $8 per item. The full fee schedule is provided in Revision to United States Marshals Service Fees for Services, 65 Fed. Reg. 47,859, at 47,862 (Aug. 4, 2000) (to be codified at 28 C.F.R. §§ 0.114(a)(2), (a)(3)). Although Congress requires the court to order service by the U.S. Marshals Service, the U.S. Marshals Service fees are not considered court fees, and Congress has not made any provision for these fees to be waived by the court. Plaintiff must provide defendants or their counsel with copies of all future motions or papers filed by the plaintiff in this action. Dated this 28th day of February, 2006. s/ William C. Griesbach William C. Griesbach United States District Judge 2