Pagels v. United States Postal Service, No. 2:2015cv01010 - Document 5 (E.D. Wis. 2015)

Court Description: DECISION AND ORDER signed by Judge Lynn Adelman on 9/3/15 granting 4 Motion for Leave to Proceed in forma pauperis. 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. (cc: via USPS to plaintiff) (dm)

Download PDF
Pagels v. United States Postal Service Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ERNEST J. PAGELS, JR., Plaintiff, v. Case No. 15-CV-1010 UNITED STATES POSTAL SERVICE, Defendant. DECISION AND ORDER Plaintiff Ernest Pagels, pro se, has filed an action against defendant United States Office of Personnel Management Recruitment and Staffing. Plaintiff seems to be challenging defendant’s decision not to hire him based on his medical history. Ordinarily, a plaintiff must pay a filing fee of $400 to bring an action in federal court, which includes the $350 statutory filing fee and a $50 administrative fee. 28 U.S.C. § 1914(a). However, plaintiff 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 the federal courts, Nietzke v. Williams, 490 U.S. 319, 324 (1989), and applies to both nonprisoner plaintiffs and to plaintiffs who are incarcerated, Floyd v. United States Postal Serv., 105 F.3d 274, 275-77 (6th Cir. 1997) (“[T]he only logical interpretation of the statute is that nonprisoners have the option to proceed in forma pauperis under § 1915(a).”). Here, the heightened requirements of the Prison Litigation Reform Act do not apply. See West v. Macht, 986 F. Supp. 1141, (W.D. Wis. 1997). 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 Dockets.Justia.com 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 affidavits of indigence. Upon review of those affidavits, I am satisfied that plaintiff meets the poverty requirements of 28 U.S.C. § 1915. Plaintiff’s only source of income is his disability pension, a large portion of which go to paying his monthly expenses. 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 defendant. 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 defendant or its counsel with copies of all future motions or papers filed by the plaintiff in this action. Dated at Milwaukee, Wisconsin this 3rd day of September, 2015. s/ Lynn Adelman _____________________________ LYNN ADELMAN District Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.