-LPA BARDES v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, No. 1:2011cv00340 - Document 4 (M.D.N.C. 2011)

Court Description: MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 05/10/2011. IT IS THEREFORE ORDERED that on the current record Plaintiff's Application for Leave to Proceed In Forma Pauperis (Docket Entry 1 ) is GRANTED subject to the condit ion that Plaintiff may commence this proceeding in this Court without prepayment of fees or costs, or giving security therefor, under 28 U.S.C.§ 1915(a), to pursue fraud and/or fraud-related claims against Defendant based on the factual allegati ons in the Complaint to the extent permitted by applicable state laws (provided, as Plaintiff has alleged, diversity jurisdiction exists), but not to litigate such fraud and/or fraud-related claims under the various federal statutes identified in the Complaint.IT IS FURTHER ORDERED that the Clerk shall send Plaintiff a summons form for Plaintiff to complete. IT IS FURTHER ORDERED that Plaintiff shall prepare and shall deliver to the Clerk a properly-completed summons form for Defendant, includin g the correct address and the name and title of the individual to be served on behalf of Defendant. Failure by Plaintiff to deliver said summons form to the Clerk by May 31, 2011, shall result in the dismissal of this action without further notice to Plaintiff. IT IS FURTHER ORDERED that, upon Plaintiff's timely delivery of the properly-completed summons form for Defendant to the Clerk, the United States Marshals Office shall serve the summons and Complaint upon Defendant. IT IS FURTHER ORD ERED that Plaintiffs request for appointment of counsel (see Docket Entry 1 at 15) is DENIED.IT IS FURTHER ORDERED that Plaintiff may file a motion under this Court's Local Rule 5.3(c)(2) requesting permission to use the CM/ECF system and shall indicate in said motion whether he: 1) has the ability and willingness to attend training sessions offered by the Clerks Office regarding the CM/ECF system; 2) has read and has comprehended the Court's Local Rule 5.3regarding Electronic Filing o f Documents; and 3) has read and has comprehended the Courts Electronic Case Filing Administrative Policies and Procedures Manual, Electronic Case Filing CM/ECF Users Manual, Instructions for Filing Large Documents, and Top Ten List of Common Errors Made by E-Filers.IT IS FURTHER ORDERED that, to assist Plaintiff in meeting his obligations to conduct this litigation, the Clerk shall send Plaintiff copies of the Civil Rules portion of this Court's Local Rules and Rules 5, 6, 7, 8, 9, 10, 11, 15, 16, 26, 30, 31, 33, 34, 35, 36, 37, 45, 56 and 72, as well as Forms 1 and 2, of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that Plaintiff shall file a Notice of Address Change with the Court in the event of any future changes in his address. Failure by Plaintiff to make such filings shall result in the dismissal of this action without further notice to Plaintiff. (Attachments: # 1 Attachment)(Taylor, Abby)