Evans v. Beaumont USP et al, No. 1:2008cv00904 - Document 28 (E.D. Tex. 2009)
Court Description: MEMORANDUM OPINION AND ORDER that plaintiff's motion to proceed in forma pauperis for service of process is DENIED. Plaintiff has been provided an extension of time through November 23, 2009 in which to serve the defendants. Signed by Magistrate Judge Earl S. Hines on 10/20/09. (pkb, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CLYDE DALE EVANS § VS. § BEAUMONT USP, ET AL. § CIVIL ACTION NO. 1:08cv904 MEMORANDUM OPINION AND ORDER Plaintiff Clyde Dale Evans, an inmate in the Federal Bureau of Prisons, proceeding pro se, brought this lawsuit complaining of prison conditions. Discussion Plaintiff paid the full $350.00 filing fee in this action. Accordingly, plaintiff was ordered to serve the defendants in accordance with Rule 4. Plaintiff has filed a motion to proceed in forma pauperis seeking to have the defendants served without paying costs (docket entry no. 25). Analysis Under Federal Rule of Civil Procedure 4(c)(3), the court must direct the United States Marshal to effect service in cases where the plaintiff has been authorized to proceed in forma pauperis under 28 U.S.C. § 1915. As stated above, however, plaintiff is not proceeding in forma pauperis in this action. Thus, the court is not obligated to appoint the United States Marshal to effect service. Plaintiff is responsible for service of process in accordance with FED . R. CIV . P. 4. Plaintiff asserts that he lacks adequate funds to serve the defendants. However, a review of the financial information provided reveals plaintiff currently has more than $80.00 in his prisoner account. Additionally, plaintiff has received $1957.20 in deposits to his prison account within the last six months. Accordingly, it is the opinion of the court that plaintiff has sufficient funds to prosecute this action by serving the defendants. Therefore, plaintiff's application to proceed in forma pauperis should be denied. While the court has declined to order the Marshal to serve the defendants, plaintiff is not prohibited from contacting the United States Marshal's Office, requesting the fee schedule for service of process, and requesting service of process. ORDER For the reasons set forth above, plaintiff's motion to proceed in forma pauperis for service of process should be denied. It is therefore ORDERED that plaintiff's motion to proceed in forma pauperis for service of process is DENIED. Plaintiff has been provided an extension of time through November 23, 2009 in which to serve the defendants. Plaintiff's failure to effect service within the time provided may result in dismissal of this action pursuant to FED . R. CIV . P. 4. Hello This is a Test SIGNED this 20 day of October , 2009. EARL S. HINES UNITED STATES MAGISTRATE JUDGE 2
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